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LIBRARY USE ONLY 



]gn«>7 



LAW LIBRARY 

JUL 2 6 1882 

FACULiV ur Li^VII 
UNIVtRSITY OF TOROHTO 




Ontario 



REVISED REGULATIONS 

OF 

ONTARIO, 1980 



A REVISION AND CONSOLIDATION OF REGULATIONS 
PUBLISHED UNDER THE AUTHORITY OF 
THE REGULATIONS REVISION ACT, 1979 



VOLUME III 



TORONTO 
PRINTED AND PUBLISHED BY THE QUEEN'S PRINTER 



REVISED REGULATIONS OF ONTARIO, 1980 

VOLUME 3 

TABLE OF CONTENTS 

D 

Day Nurseries Act Reg page 

General 235 1 

Dead Animal Disposal Act 

General 236 29 

Dental Technicians Act 

General 237 41 

Denture Therapists Act 

General 238 45 

Deposits Regulation Act 

General 239 51 

Development Corporations Act 

Approval of Loans and Guarantees 240 53 

Ontario International Corporation 241 55 

Developmental Services Act 

General 242 57 

District Welfare Administration Boards Act 

Application for Grant Under Section 10 of the Act 243 65 

Dog Licensing and Live Stock and Poultry Protection Act 

Application for Payment of a Grant 244 73 

Dogs at Large in Unorganized Areas 245 75 

Drainage Act 

Forms 246 77 

Rules of Practice and Procedure to be followed in all Proceedings before the 

Referee 247 85 

Drugless Practitioners Act 

Chiropractors 248 89 

Classifications 249 95 

General 250 97 

Masseurs 251 101 

Osteopaths 252 107 

Physiotherapists 253 1 1 3 

E 

Edible Oil Products Act 

General 254 119 

Education Act 

Calculation of Amount of Reserve or Reduction in Requirement Resulting 

from Strike or Lock-out 255 1 25 

Calculation of Average Daily Enrolment 256 127 

County Combined Separate School Zones 257 129 

Designation of School Divisions in Territorial Districts 258 131 

iii 



iv TABLE OF CONTENTS 

Education Act — Continued REG. page 

. District Combined Separate School Zones 259 139 

District School Areas 260 143 

Early School Leaving 261 145 

Elementary and Secondary Schools and Schools for Trainable Retarded 

Children— General 262 147 

Fees for Ministry Courses 263 1 59 

Fees for Transcripts and Statements of Standing and for Duplicates of Diplomas, 

Certificates and Letters of Standing 264 1 61 

James Bay Lowlands Secondary School Board 265 163 

Legislative Grants 266 165 

North of Superior District Roman Catholic Separate School Board 267 167 

Ontario Schools for the Blind and the Deaf 268 169 

Ontario Teacher's Qualifications 269 175 

Practice and Procedure — Boards of Reference 270 207 

Pupil Records 271 211 

Purchase of Milk 272 229 

School Year and School Holidays 273 231 

Special Education Programs and Services 274 233 

Special Grant 275 235 

Supervisory Officers 276 237 

Teachers' Contracts 277 241 

Elderly Persons Centres Act 

General 278 245 

Election Act 

Fees and Expenses 279 249 , 

Employment Agencies Act 

General 280 

Employment Standards Act 

Ambulance Service Industry 281 267 

Benefit Plans 282 269 

Domestics and Nannies 283 273 

Fruit, Vegetable and Tobacco Harvesters 284 275 

General 285 277 

Termination of Employment 286 283 

Endangered Species Act 

Endangered Species 287 287 

Energy Act 

Fuel Oil Code 288 289 

Gas Pipeline Systems 289 295 

Gas Utilization Code 290 299 

Oil Pipeline Transportation Systems 291 305 

Propane Storage, Handling and Utilization Code 292 309 

Environmental Assessment Act 

General 293 315 

South Cayuga Sewage Works and Waste Disposal Sites 294 325 

Environmental Protection Act 

Air Contaminants from Ferrous Foundries 295 327 

Ambient Air Quality Criteria 296 329 

Asphalt Paving Plants 297 333 

Classes of Contaminants — Exemptions 298 335 

Containers 299 337 

Containers for Carbonated Soft Drinks 300 343 

Copper Cliff Smelter Complex 301 345 

Crown Waste Disposal Sites 302 347 

Deep Well Disposal 303 349 

Designation of Waste 304 351 



TABLE OF CONTENTS V 

Environmental Protection Act — Continued REG page 

Discharge of Sewage From Pleasure Boats 305 353 

Disposable Containers for Milk 306 355 

Disposable Paper Containers for Milk 307 357 

General 

Air Pollution 308 359 

Waste Management 309 399 

Marinas 310 405 

Motor Vehicles 311 407 

Sewage Systems (see Supplement to Revised Regulations of Ontario, 1980) 

Sulphur Content of Fuels 312 41 1 

Transfers of Liquid Industrial Waste 313 413 

Expropriations Act 

Co-operative Development — North Pickering 314 41 5 

Forms 315 427 

Rules of Practice and Procedure of the Land Compensation Board 316 435 

Rules to be applied for the Purposes of Subsection 34 (1 ) of the Act 317 443 



Family Benefits Act 

General 



318 445 



487 



489 
493 
497 
501 



Family Law Reform Act 

Designation of Matrimonial Home — Forms 319 

Farm income Stabilization Act 

Corn Stabilization, 1 979-1 981— Plan 32o 

Soybean Stabilization, 1979-1981— Plan .!!.!!! 321 

Weaner Pig Stabilization, 1980-1985— Plan 322 

White Bean Stabilization, 1979-1981— Plan 323 

Winter Wheat Stabilization, 1979-1981— Plan 324 505 

Farm Products Containers Act 

Fruit and Vegetables 325 509 

Farm Products Grades and Sales Act 

Burley Tobacco 326 51 1 

Dairy Products 327 515 

Flue-Cured Tobacco 328 533 

Fruit-Controlled Atmosphere Storage 329 545 

Grades 

Beef Carcasses 330 549 

Christmas Trees 331 553 

Fruit and Vegetables 332 557 

Hog Carcasses 333 535 

Lamb and Mutton Carcasses 334 587 

Poultry 335 591 

Veal Carcasses 336 61 1 

Honey 337 613 

Licences 338 621 

Maple Products 339 623 

Farm Products Marketing Act 

Apples 

Plan 340 627 

Marketing 34I 631 

Arbitration of Disputes 342 637 

Asparagus 

Plan 343 639 

Marketing 344 641 



VI TABLE OF CONTENTS 

Farms Products Marketing Act — Continued 

Beans reg. page 

Plan 345 647 

Marketing 346 649 

Berries for Processing 

Plan 347 653 

Marketing 348 655 

Broiler Chickens and Roaster Chickens 

Plan 349 659 

Marketing 350 661 

Burley Tobacco 

Plan 351 667 

Marketing 352 669 

By-Laws for Local Boards 353 673 

Chicken 

Extension of Powers 354 677 

Eggs 

Extension of Powers 355 679 

Plan 356 681 

Marketing 357 685 

Marketing Limitations 358 691 

Fresh Grapes 

Plan 359 693 

Marketing 360 695 

Fresh Potatoes 

Plan 361 697 

Marketing 362 699 

Grapes for Processing 

Plan 363 701 

Marketing 364 703 

Greenhouse Vegetables 

Plan 365 707 

Marketing 366 709 

Hogs 

Plan 367 713 

Marketing 368 719 

Local Boards 369 723 

Potatoes 

Plan 370 725 

Marketing 371 727 

Processing Tomato Seedling Plants 

Plan 372 731 

Marketing 373 733 

Rutabagas 

Plan 374 737 

Marketing 375 739 

Seed Corn 

Plan 376 741 

Marketing 377 743 

Soya-Beans 

Plan 378 747 

Marketing 379 749 

Tender Fruit 

Plan , 380 755 

Marketing 381 757 

Tobacco 

Plan 382 761 

Marketing 383 765 

Turkeys 

Plan 384 769 

Marketing 385 771 

Marketing Limitations 386 777 

Vegetables for Processing 

Plan 387 779 

Marketing 388 781 



TABLE OF CONTENTS VU 

Farms Products Marketing Act — Continued 

Wheat REG. page 

Plan 389 787 

Marketing 390 789 

Farm Products Payments Act 

General 391 793 

Fire Departments Act 

Filing in Supreme Court of Decision of Arbitrator or Arbitration Board 392 797 

Standards for Pumpers 393 799 

Fire IVIarshals Act 

General 394 801 

Fish Inspection Act 

Quality Control 395 803 

Forest Fires Prevention Act 

Fire Regions 396 809 

Forestry Act 

Nurseries 397 821 

Freshwater Fish Marl<eting Act (Ontario) 

General 398 823 

Funeral Services Act 

General 399 825 

Fur Farms Act 

General 400 843 

G 

Game and Fish Act 

Animals Declared to be Fur-Bearing Animals 401 849 

Aylmer Lagoon Hunting Area 402 851 

Bag Limit for Black Bear 403 853 

Bobwhite Quail, Wild Turkey and Pheasant — Propagation and Sale 404 855 

Bows and Arrows 405 857 

Bullfrogs 406 859 

Camden Lake Hunting Area 407 863 

Copeland Forest Hunting Area 408 865 

Crown Game Preserves 409 867 

Discharge of Fire-Arms From or Across Highways and Roads 410 873 

Discharge of Fire-Arms on Sunday 411 875 

Fire-Arms — Aulneau Peninsula 412 877 

Fishing Huts 413 879 

Fishing Licences 414 881 

Furs 415 895 

Game Bird Hunting Preserves 416 91 1 

Guides 417 913 

Hunter Safety Training Course 418 915 

Hunting in Lake Superior Provincial Park 419 917 

Hunting Licences 420 919 

Hunting on Crown Lands in the Geographic Townships of Bruton and Clyde 421 953 

Hunting on Designated Crown Land and in Provincial Parks 422 955 

Lake St. Lawrence Hunting Area 423 965 

Licence to Possess Nets 424 967 

Luther Marsh Hunting Area 425 969 

Open Seasons 

Black Bear 426 971 

Fur-Bearing Animals 427 101 1 

Moose and Deer 428 1015 



Vlll TABLE OF CONTENTS 

Game and Fish Act — Continued reg page 

Orangeville Reservoir Hunting Area 429 1089 

Permit to Export Game 430 1093 

Polar Bears 431 1 097 

Possession and Use of Fire-Arms in Darlington Provincial Park 432 1099 

Sale of Bass and Trout and Fishing Preserves 433 1 1 01 

Snares (see Supplement to Revised Regulations of Ontario, 1980) 

Stag Island Hunting Area 434 1 105 

Tiny Marsh Hunting Area 435 1107 

Trap-Line Areas 436 1 1 09 

Waters Set Apart— Frogs 437 1131 

Wolves and Black Bears in Captivity 438 1 133 



TABLE OF REGULATIONS 

CONTAINED IN VOLUMES 1 TO 8 OF 

REVISED REGULATIONS OF ONTARIO, 1980 



VOLUME 1 



Abandoned Orchards Act REG 

General 1 

Administration of Justice Act 

Fees and Expenses 

Court Reporters 2 

General 3 

Jurors and Crown Witnesses 4 

Justices of the Peace 5 

Fees 

Sheriffs 6 

Supreme Court and County Courts 7 

Unified Family Court 8 

Investigation Fee 

Official Guardian 9 

Agricultural Associations Act 

Designation of Associations 10 

Agricultural Development Finance Act 

Interest Rate 11 

Agricultural Societies Act 

General 12 

Agricultural Tile Drainage Installation Act 

General 13 

Ambulance Act 

General 14 

Anatomy Act 

General 15 

Animals for Research Act 

General 16 

Pounds 17 

Research Facilities and Supply Facilities 18 

Transportation 19 

Apprenticeship and Tradesmen's Qualification Act 

Air Cooled and Marine Engine Mechanic 20 

Alignment and Brakes Mechanic 21 

Auto Body Repairer 22 

Automotive Machinist 23 

Automotive Painter 24 

Baker 25 

Brick and Stone Mason 26 

Cement Mason 27 

Construction Boilermaker 28 

Construction Millwright 29 

Cook 30 

ix 



X TABLE OF REGULATIONS 

Apprenticeship and Tradesmen's Qualification Act — Continued reg. 

Dry Cleaners 31 

Electrician 32 

Farm Equipment Mechanic 33 

Fitter (Structural Steel/Platework) 34 

Fuel and Electrical Systems Mechanic 35 

General 36 

General Carpenter 37 

General Machinist 38 

Glazier and Metal Mechanic 39 

Hairstyling Schools 40 

Hairstylist 41 

Heavy Duty Equipment Mechanic 42 

Industrial Mechanic (Millwright) 43 

Iron Workers 44 

Lather 45 

Lineman 46 

Motor Vehicle Mechanic 47 

Motorcycle Mechanic 48 

Mould Maker 49 

Painter 50 

Plasterers 51 

Plumbers 52 

Printer 53 

Radio and Television Service Technician 54 

Refrigeration and Air-Conditioning Mechanic 55 

Service Station Attendant 56 

Sheet Metal Worker 57 

Sprinkler and Fire Protection Installer 58 

Steamfitters 59 

Tool and Die Maker 60 

Transmission Mechanic 61 

Truck-Trailer Repairer 62 

Watch Repairers 63 

Arbitrations Act 

Fees Chargeable by Arbitrators 64 

Architects Act 

Complaints 65 

Artificial Insemination of Live Stock Act 

General 66 

Assessment Act 

Assessment Areas and Regions 67 

Assessment Notices 68 

Interior Information Questionnaire 69 

Municipal Enumeration Notice 70 

Pipe Line Rates 71 

Pipe Line Rates in Muskoka and Parry Sound 72 

Property Income Questionnaire 73 

Assessment Review Court Act 

Procedure 74 

Athletics Control Act 

Amount of Tax 75 

General 76 



Bailiffs Act 

General 77 



TABLE OF REGULATIONS Xl 

Beach Protection Act ' .: reg 

General 78 

Beef Cattle Marketing Act 

Licence Fees 79 

Weighing of Beef Carcasses 80 

Bees Act 

General 81 

Bills of Sale Act 

General 82 

Blind Persons' Rights Act 

Dog Guides 83 

Boilers and Pressure Vessels Act 

General 84 

Boundaries Act 

General 85 

Brucellosis Act 

Vaccination 86 

Building Code Act 

General 87 

Business Corporations Act 

Names 88 



VOLUME 2 

C 

Cemeteries Act 

Closings and Removals 89 

General 90 

Trust Funds 91 

Centennial Centre of Science and Technology Act 

Fees 92 

Certification of Titles Act 

General 93 

Change of Name Act 

Fees and Forms 94 

Charitable Institutions Act 

General 95 

Child Welfare Act 

General 96 

Practice and Procedure of Societies 97 

Children's Institutions Act 

General 98 

Children's Law Reform Act 

Forms 99 



Xll TABLE OF REGULATIONS 

Children's Mental Health Services Act reg. 

General 100 

Children's Residential Services Act 

General 101 

Chiropody Act 

General 102 

Collection Agencies Act 

General 103 

Commissioners for Taking Affidavits Act 

Fees 104 

Commodity Boards and Marketing Agencies Act 

Levies 

Cream 105 

Milk 106 

Levies or Charges 

Chicken 107 

Chicken (over Quota) 108 

Cream 109 

Eggs 110 

Fowl Ill 

Milk 112 

Turkeys 113 

Commodity Futures Act 

General 114 

Community Psychiatric Hospitals Act 

General 115 

Grants 116 

Community Recreation Centres Act 

General 117 

Commuter Services Act 

Diai-A-Bus Service 118 

Compulsory Automobile Insurance Act 

Certificate of Insurance 119 

Exemptions 120 

Condominium Act 

General 121 

Surveys and The Description 122 

Conservation Authorities Act 

Conservation Areas 

Ausable-Bayfield 123 

Cataraqui Region 124 

Catfish Creek 125 

Central Lake Ontario 126 

Credit Valley 127 

Crowe Valley 128 

Essex Region 129 

Ganaraska Region 130 

Grand River 131 

Hamilton Region 132 

Halton Region 133 

Kettle Creek Region 134 

Long Point Region 135 

Lower Thames Valley 136 



TABLE OF REGULATIONS XUl 

Conservation Authority Act — Continued R€G. 

Conservation Areas — Continued 

Maitland Valley 137 

Mattagami Valley 138 

Metropolitan Toronto and Region 139 

Napanee Region 140 

Niagara Peninsula 141 

North Grey Region 142 

Nottawasaga Valley 143 

Otonabee Region 144 

Prince Edward Region 145 

Rideau Valley 146 

St. Clair Region 147 

Sauble Valley 148 

Saugeen Valley 149 

Sault Ste. Marie Region 150 

South Lake Simcoe 151 

Upper Thames River 152 

Fill 

Ausable River 153 

Grand Valley 154 

Moira River 155 

Spencer Creek 156 

Fill and Alteration to Waterways 

Long Point Region 157 

Raisin Region 158 

Fill, Construction and Alteration to Waterways 

Cataraqui Region 159 

Catfish Creek 160 

Central Lake Ontario 161 

Credit Valley 162 

Grand River 163 

Halton Region 164 

Hamilton Region 165 

Kettle Creek 166 

Lakehead Region 167 

Lower Thames Valley 168 

Mattagami Region 169 

Metropolitan Toronto and Region 170 

Nickel District 171 

North Grey 172 

Nottawasaga Valley 173 

Otonabee Region 174 

Rideau Valley 175 

St. Clair Region 176 

Sauble Valley 177 

Saugeen Valley 178 

South Lake Simcoe 179 

Upper Thames River 180 

Consumer Protection Act 

General 181 

Consumer Reporting Act 

General 182 

Co-operative Corporations Act 

General 183 

Co-operative Loans Act 

General 184 

Coroners Act 

General 185 



XIV TABLE OF REGULATIONS 

Corporations Act 

Evidence of Bona Fides on Applications 186 

General 187 

Insider Trading and Proxy Solicitation 188 

Corporations Information Act 

General 189 

Corporation Securities Registration Act 

Fees 190 

Corporations Tax Act 

General 191 

Costs of Distress Act 

Costs 192 

County Judges Act 

County and District Court Districts 193 

Credit Unions and Caisses Populaires Act 

Credit Union Leagues 194 

General 195 

Mennbership in Credit Unions 196 

Crop Insurance Act (Ontario) 

Arbitration Proceedings 197 

Crop Insurance Plan 

Apples 198 

Beets 199 

Black Tobacco 200 

Burley Tobacco 201 

Cabbage and Carrots 202 

Cauliflower 203 

Coloured Beans 204 

Corn 205 

Flue-Cured Tobacco 206 

Fresh Market Crops 207 

Grapes 208 

Green and Wax Beans 209 

Hay and Pasture 210 

Hay Seeding Establishment 211 

Lima Beans 212 

Onions Grown from Seed 213 

Onions Grown from Sets 214 

Peaches 215 

Pears 216 

Peas 217 

Peppers 218 

Plums 219 

Seed Corn 220 

Sour Cherries 221 

Soybeans 222 

Spring Grain 223 

Sweet Cherries 224 

Sweet Corn 225 

Tomatoes 226 

Vine Crops 227 

White Beans 228 

Winter Wheat 229 

Designation of Insurable Crops 230 

General 231 

Crown Employees Collective Bargaining Act 

General 232 

Rules of Procedure 233 



TABLE OF REGULATIONS XV 

Crown Timber Act REG. 

General 234 



VOLUME 3 

D 

Day Nurseries Act 

General 235 

Dead Animal Disposal Act 

General 236 

Dental Technicians Act 

General 237 

Denture Therapists Act 

General 238 

Deposits Regulation Act 

General 239 

Development Corporations Act 

Approval of Loans and Guarantees 240 

Ontario International Corporation 241 

Developmental Services Act 

General 242 

District Welfare Administration Boards Act 

Application for Grant Under Section 10 of the Act 243 

Dog Licensing and Live Stock and Poultry Protection Act 

Application for Payment of a Grant 244 

Dogs at Large in Unorganized Areas 245 

Drainage Act 

Forms 246 

Rules of Practice and Procedure to be followed in all Proceedings before the 

Referee 247 

Drugless Practitioners Act 

Chiropractors 248 

Classifications 249 

General 250 

Masseurs 251 

Osteopaths 252 

Physiotherapists 253 



Edible Oil Products Act 

General 254 

Education Act 

Calculation of Amount of Reserve or Reduction in Requirement Resulting 

from Strike or Lock-out 255 

Calculation of Average Daily Enrolment 256 

County Combined Separate School Zones 257 

Designation of School Divisions in Territorial Districts 258 

District Combined Separate School Zones 259 

District School Areas 260 

Early School Leaving 261 



XVI TABLE OF REGULATIONS 

Education Act — Continued reg. 
Elementary and Secondary Schools and Schools for Trainable Retarded 

Children — General 262 

Fees for Ministry Courses 263 

Fees for Transcripts and Statements of Standing and for Duplicates of Diplomas, 

Certificates and Letters of Standing 264 

James Bay Lowlands Secondary School Board 265 

Legislative Grants 266 

North of Superior District Roman Catholic Separate School Board 267 

Ontario Schools for the Blind and the Deaf 268 

Ontario Teacher's Qualifications 269 

Practice and Procedure — Boards of Reference 270 

Pupil Records 271 

Purchase of Milk 272 

School Year and School Holidays 273 

Special Education Programs and Services 274 

Special Grant 275 

Supervisory Officers 276 

Teachers' Contracts 277 

Elderly Persons Centres Act 

General 278 

Election Act 

Fees and Expenses 279 

Employment Agencies Act 

General 28Q 

Employment Standards Act 

Ambulance Service Industry 281 

Benefit Plans 282 

Domestics and Nannies 283 

Fruit, Vegetable and Tobacco Harvesters 284 

General 285 

Termination of Employment 286 

Endangered Species Act 

Endangered Species 287 

Energy Act 

Fuel Oil Code 288 

Gas Pipeline Systems 289 

Gas Utilization Code 290 

Oil Pipeline Transportation Systems 291 

Propane Storage, Handling and Utilization Code 292 

Environmental Assessment Act 

General 293 

South Cayuga Sewage Works and Waste Disposal Sites 294 

Environmental Protection Act 

Air Contaminants from Ferrous Foundries 295 

Ambient Air Quality Criteria 296 

Asphalt Paving Plants 297 

Classes of Contaminants — Exemptions 298 

Containers 299 

Containers for Carbonated Soft Drinks 300 

Copper Cliff Smelter Complex 301 

Crown Waste Disposal Sites 302 

Deep Well Disposal 303 

Designation of Waste 304 

Discharge of Sewage From Pleasure Boats 305 

Disposable Containers for Milk 306 

Disposable Paper Containers for Milk 307 



TABLE OF REGULATIONS XVU 

Environmental Protection Act — Continued REG. 
General 

Air Pollution 308 

Waste Management 309 

Marinas 310 

Motor Vehicles 311 

Sewage Systems (see Supplement to Revised Regulations of Ontario, 1980) 

Sulphur Content of Fuels 312 

Transfers of Liquid Industrial Waste 313 

Expropriations Act 

Co-operative Development — North Pickering 314 

Forms 315 

Rules of Practice and Procedure of the Land Compensation Board 316 

Rules to be applied for the Purposes of Subsection 34 (1) of the Act 317 



Family Benefits Act 

General 318 

Family Law Reform Act 

Designation of Matrimonial Home — Forms 319 

Farm Income Stabilization Act 

Corn Stabilization, 1 979-1 981— Plan 320 

Soybean Stabilization, 1979-1981— Plan 321 

Weaner Pig Stabilization, 1980-1985— Plan 322 

White Bean Stabilization, 1979-1981— Plan 323 

Winter Wheat Stabilization, 1979-1981 —Plan 324 

Farm Products Containers Act 

Fruit and Vegetables 325 

Farm Products Grades and Sales Act 

Burley Tobacco 326 

Dairy Products 327 

Flue-Cured Tobacco 328 

Fruit-Controlled Atmosphere Storage 329 

Grades 

Beef Carcasses 330 

Christmas Trees 331 

Fruit and Vegetables 332 

Hog Carcasses 333 

Lamb and Mutton Carcasses 334 

Poultry 335 

Veal Carcasses 336 

Honey 337 

Licences 338 

Maple Products 339 

Farm Products Marketing Act 

Apples 

Plan 340 

Marketing 341 

Arbitration of Disputes 342 

Asparagus 

Plan 343 

Marketing 344 

Beans 

Plan 345 

Marketing 346 



XVIU TABLE OF REGULATIONS 

Farm Products Marketing Act — Continued reg. 

Berries for Processing 

Plan 347 

Marketing 348 

Broiler Chickens and Roaster Chickens 

Plan 349 

Marketing 350 

Burley Tobacco 

Plan 351 

Marketing 352 

By-Laws for Local Boards 353 

Chicken 

Extension of Powers 354 

Eggs 

Extension of Powers 355 

Plan ' 356 

Marketing 357 

Marketing Limitations 358 

Fresh Grapes 

Plan 359 

Marketing 360 

Fresh Potatoes 

Plan 361 

Marketing 362 

Grapes for Processing 

Plan 363 

Marketing 364 

Greenhouse Vegetables 

Plan 365 

Marketing 366 

Hogs 

Plan 367 

Marketing 368 

Local Boards 369 

Potatoes 

Plan 370 

Marketing 371 

Processing Tomato Seedling Plants 

Plan 372 

Marketing 373 

Rutabagas 

Plan 374 

Marketing 375 

Seed Corn 

Plan 376 

Marketing 377 

Soya-Beans 

Plan 378 

Marketing 379 

Tender Fruit 

Plan 380 

Marketing 381 

Tobacco 

Plan 382 

Marketing 383 

Turkeys 

Plan 384 

Marketing 385 

Marketing Limitations 386 

Vegetables for Processing 

Plan 387 

Marketing 388 

Wheat 

Plan 389 

Marketing 390 



TABLE OF REGULATIONS xix 

Farm Products Payments Act REG. 

General 391 

Fire Departments Act 

Filing in Supreme Court of Decision of Arbitrator or Arbitration Board 392 

Standards for Pumpers 393 

Fire Marshals Act 

General 394 

Fish Inspection Act 

Quality Control 395 

Forest Fires Prevention Act 

Fire Regions 396 

Forestry Act 

Nurseries 397 

Freshwater Fish Marketing Act (Ontario) 

General 398 

Funeral Services Act 

General 399 

Fur Farms Act 

General 400 



G 

Game and Fish Act 

Animals Declared to be Fur-Bearing Animals 401 

Aylmer Lagoon Hunting Area 402 

Bag Limit for Black Bear 403 

Bobwhite Quail, Wild Turkey and Pheasant — Propagation and Sale 404 

Bows and Arrows 405 

Bullfrogs 406 

Camden Lake Hunting Area . ._ 407 

Copeland Forest Hunting Area 408 

Crown Game Preserves 409 

Discharge of Fire-Arms From or Across Highways and Roads 410 

Discharge of Fire-Arms on Sunday 411 

Fire-Arms — Aulneau Peninsula 412 

Fishing Huts 413 

Fishing Licences 414 

Furs 415 

Game Bird Hunting Preserves 416 

Guides 417 

Hunter Safety Training Course 418 

Hunting in Lake Superior Provincial Park 419 

Hunting Licences 420 

Hunting on Crown Lands in the Geographic Townships of Bruton and Clyde 421 

Hunting on Designated Crown Land and in Provincial Parks 422 

Lake St. Lawrence Hunting Area 423 

Licence to Possess Nets 424 

Luther Marsh Hunting Area 425 

Open Seasons 

Black Bear 426 

Fur-Bearing Animals 427 

Moose and Deer 428 

Orangeville Reservoir Hunting Area 429 

Permit to Export Game 430 

Polar Bears 431 

Possession and Use of Fire-Arms in Darlington Provincial Park 432 



XX TABLE OF REGULATIONS 

Game and Fish Act — Continued reg. 

Sale of Bass and Trout and Fishing Preserves 433 

Snares (see Supplement to Revised Regulations of Ontario, 1980) 

Stag Island Hunting Area 434 

Tiny Marsh Hunting Area 435 

Trap-Line Areas 436 

Waters Set Apart — Frogs 437 

Wolves and Black Bears in Captivity 438 

VOLUME 4 

Gasoline Handling Act 

Gasoline Handling Code 439 

Gasoline Tax Act 

General 440 

General Welfare Assistance Act 

General 441 

Indian Bands 442 

Grain Elevator Storage Act 

General 443 

Guarantee Companies Securities Act 

Approved Guarantee Companies 444 

H 

Health Disciplines Act 

Child Resistant Packages 445 

Dental Hygienists 446 

Dentistry 447 

Medicine 448 

Nursing 449 

Optometry 450 

Parcost C.D.I, (see Supplement to Revised Regulations of Ontario, 1980) 

Pharmacy 451 

Health Insurance Act 

General 452 

Highway Traffic Act 

Allowable Gross Weight for Designated Class of Vehicle 453 

Appeals 454 

Covering of Loads 455 

Dangerous Loads 456 

Demerit Point System 457 

Designation of Highways 458 

Designation of Paved Shoulders on King's Highway 459 

Driver Improvement Program 460 

Driver Licence Examinations 461 

Drivers' Licences 462 

Driver's Licence Suspension for Default of Payment of Fine 463 

Driving Instructor's Licence 464 

Equipment 465 

Exemption from the Provisions of Sections 7 and 10 of the Act — States of the 

United States of America 466 

Exemption from the Provisions of Subsection 68 (1) of the Act — Province of 

Alberta 467 

Garage Licences 468 

General 469 

Gross Vehicle Weights 470 



TABLE OF REGULATIONS XXI 

Highway Traffic Act — Continued REG 

Gross Weight on Bridges 471 

Highway Closings 472 

Load Limits (see Supplement to Revised Regulations of Ontario, 1980) 

Load Limits on Local Roads Within Local Roads Areas 473 

Motor Vehicle Inspection Stations 474 

Notice to Have Motor Vehicle Examined and Tested 475 

Over-Dimensional Farm Vehicles 476 

Parking 477 

Portable Lane Control Signal Systems 478 

Reciprocal Suspension of Licences 479 

Restricted Use of Left Lanes by Commercial Motor Vehicles 480 

Restricted Use of the King's Highway 481 

Safety Helmets 482 

Safety Inspections 483 

School Buses J^84 

Seat Belt Assemblies,^ '485'' 

Signs 486 

Slow-Moving Vehicle Sign 487 

Special Permits 488 

Specifications and Standards for Trailer Couplings 489 

Speed Limits 490 

Speed Limits in Provincial Parks 491 

Stopping of Vehicles on Parts of the King's Highway 492 

Stop Signs at Intersections 493 

Tire Standards and Specifications 494 

Use of Controlled-Access Highways by Pedestrians 495 

Vehicles on Controlled-Access Highways 496 

Historical Parks Act 

Historical Parks — Fees 497 

Parks 498 

Homemakers and Nurses Services Act 

General 499 

Homes for Retarded Persons Act 

General 500 

Homes for Special Care Act 

General 501 

Homes for the Aged and Rest Homes Act 

General 502 

Hospital Labour Disputes Arbitration Act 

Remuneration of Chairmen and Members of Arbitration Boards 503 

Rules of Procedure 504 

Hotel Fire Safety Act 

General 505 

Housing Development Act 

General 506 

Hunter Damage Compensation Act 

General 507 

Hypnosis Act 

Application of Section 2 of the Act 508 

I 

Income Tax Act 

General 509 



XXll TABLE OF REGULATIONS 

Industrial Standards Act reg. 

Designation of Industries and Zones 510 

Duties of Employers and Advisory Committees 511 

Interprovincially Competitive Industries 512 

Publication Costs 513 

Schedule 

Bricklaying and Stonemasonry Industry — Ottawa 514 

Bricklaying and Stonemasonry — Toronto 515 

Electrical Repair and Construction Industry — Ottawa 516 

Electrical Repair and Construction Industry — Toronto 517 

Fur Industry — Ontario 518 

Ladies' Cloak and Suit Industry — Ontario 519 

Ladies' Dress and Sportswear Industry 520 

Lathing Industry — Ottawa 521 

Men's and Boys' Clothing Industry — Ontario 522 

Painting and Decorating Industry — Ottawa 523 

Plastering Industry — Ottawa 524 

Plumbing and Heating Industry — Ottawa 525 

Plumbing and Heating Industry — Toronto 526 

Sheet-Metal Work Construction Industry — Ottawa 527 

Insurance Act 

Agents' Licences 528 

Classes of Insurance 529 

General 530 

Life Companies Special Shares — Investment 531 

Order under Paragraph 1 of Subsection 85 (2) of the Act — Rates of Interest 532 

Replacement of Life Insurance Contracts 533 

Schedule of Fees 534 

Uninsured Automobile Coverage 535 

Variable Insurance Contracts of Life Insurers 536 

Interpretation Act 

Fees Payable under Various Acts 537 

Investment Contracts Act 

Registration 538 



VOLUME 5 

J 

Judicature Act 

Salaries and Benefits of Masters 539 

Judicature Act and Matrimonial Causes Act 

Rules of Practice 540 

Junior Farmer Establishment Act 

Application for Bank Loan 541 

General 542 

Juries Act 

General 543 



Labour Relations Act 

General 544 

Office of the Board 545 

Rules of Procedure 546 



TABLE OF REGULATIONS XXlll 

Landlord and Tenant Act reg. 

Classes of Accommodation Deemed Not to be Residential Premises 547 

Forms 548 

Summary of Part IV of the Act 549 

Land Titles Act 

Application of Act 550 

Fees 551 

General 552 

Land Titles Divisions 553 

Surveys and Descriptions of Land 554 

Land Transfer Tax Act 

Affidavits 555 

Commercial Recreational Property 556 

Consolidated Affidavit of Residence and Value of Consideration 557 

Delegation of Authority 558 

Exemption(s): 

For Certain Final Orders of Foreclosure and for Inter-corporate Transfers of 

Land 559 

For Certain Easements Granted to Oil or Gas Pipe Lines 560 

For Certain Insurance Companies 561 

For Certain Inter-Spousal Transfers 562 

For Conveyance to Family Farm Corporation or Family Business Corporation 563 
For Conveyance to Non-Resident Persons and Persons who are not Non-Resi- 
dent Persons 564 

Final Orders of Foreclosure 565 

Forms 566 

Leases 567 

Minister Authorized to Exempt and Refund 568 

Notice of Purchaser's Lien for Default 569 

Rates of Interest 570 

Taxation of Mineral Lands 571 

Transfers Between Related Corporations 572 

Law Society Act 

General 573 

Law Foundation 574 

Legal Aid Act 

General 575 

Legislative Assembly Retirement Allowances Act 

General 576 

Lightning Rods Act 

General 577 

Limited Partnerships Act 

General 578 

Line Fences Act 

Forms 579 

Liquor Control Act 

General 580 

Liquor Licence Act 

General 581 

Live Stock and Live Stock Products Act 

Eggs 582 

Processed Egg 583 

Wool 584 



XXIV TABLE OF REGULATIONS 

Live Stock Branding Act reg. 

Forms 585 

Live Stock Community Sales Act 

General 586 

Live Stock Medicines Act 

General 587 

Loan and Trust Corporations Act 

Approved Trust Companies 588 

Common Trust Funds 589 

Financial Standards 

Loan Corporations 590 

Trust Companies 591 

Financial Statements 592 

Loan Corporations Special Shares 

Investment 593 

Schedule of Fees 594 

Subordinated Notes 

Loan Corporation 595 

Trust Company 596 

Trust Company Special Shares 

Investment 597 

Local Roads Boards Act 

Establishment of Local Roads Areas 

Northern and Eastern Region 598 

Northwestern Region 599 

General 600 

Local Services Boards Act 

Local Services Board 

Community of Armstrong 601 

Community of Foleyet 602 

Community of Gogama 603 

Community of Hudson 604 

Community of Madsen 605 



M i^ 

Marriage Act 

General 606 

Meat Inspection Act (Ontario) 

General 607 

Mechanics' Lien Act 

General 608 

Mental Health Act 

Application of Act 609 

Grants 610 

Mental Hospitals Act 

General 611 

Milk Act 

By-Laws for Marketing Boards 612 

Cheese 

Exchanges 613 

Information to be Furnished 614 

Marketing 615 

Marketing — Exemptions 616 



TABLE OF REGULATIONS XXV 

Milk Act— Continued 

Cream for Processing ''^*^- 

Plan 617 

Marketing 618 

Cream Producers 

Licences 619 

Grade A iVlilk 

Marketing 620 

Producers 621 

Grades, Designations, Classes and Labelling 622 

Industrial Milk 

Marketing 623 

Marketing Boards 624 

Milk 

Marketing 625 

Marketing— Classes 3, 4, 4a, 4b, 4c, 5, 5a and 6 626 

Transportation 627 

Milk and Cheese 

Plan 628 

Milk and Milk Products 629 

Milk Producers 

Licences 630 

Reconstituted Milk 

General 631 

Mining Act 

Assay Coupons 632 

Exploratory Licences and Leases for Oil and Natural Gas North of the Fifty-First 

Parallel of Latitude 633 

Exploratory Licences and Production Leases For Natural Gas in Lake Erie 634 

Forms 635 

Mining Divisions 636 

Refinery Licences 637 

Surveys of Mining Claims 638 

Mining Tax Act 

General 639 

Ministry of Colleges and Universities Act 

Colleges of Applied Arts and Technology 

Boards of Governors and Council of Regents 640 

Colleges 641 

Graduate Scholarships 642 

Ontario Special Bursary Program 643 

Ontario Student Loans 644 

Ontario Student Loans 645 

Ontario Study Grant Plan 646 

Ministry of Community and Social Services Act 

Social Assistance Review Board 647 

Ministry of Consumer and Commercial Relations Act 

Fees 648 

Ministry of Correctional Services Act 

General 649 

Intermittent Sentences 650 

Ministry of Culture and Recreation Act 

Grants for Non-Profit Camps 651 

Municipal Recreation Directors' Certificates and Arena Managers' Certificates . . . 652 

Programs of Recreation 653 



XXVI TABLE OF REGULATIONS 

Ministry of Health Act reg. 

Bursaries and Fellowships for Health Study 654 

Chest Diseases Control Clinics 655 

District Health Councils 656 

Grant — Special 657 

Grants — Health Resources 658 

Special Grant 659 

Special Grant 660 

Standard Ward Accommodation 661 

Mortgage Brokers Act 

General 662 

Mortmain and Charitable Uses Act 

Licences and Fees 663 

Motor Vehicle Accident Claims Act 

General 664 

Motor Vehicle Dealers Act 

General 665 

Motor Vehicle Fuel Tax Act 

Forms 666 

General 667 

Motorized Snow Vehicles Act 

Designations 668 

General 669 

Motorized Snow Vehicle Operators' Licences 670 

Municipal Act 

Designation(s): 

Agricultural Research Stations 671 

Correctional Institutions 672 

Facilities under the Developmental Services Act 673 

Municipalities 674 

Provincial Education Institutions 675 

Provincial Mental Health Facilities and Public Hospitals 676 

Universities 677 

Pension Plan for Municipal Employees 678 

Revision and Certification of Assessment Commissioner's List 679 

Municipal Affairs Act 

Municipal Auditors 680 

Tax Arrears and Tax Sale Procedures 

(see Supplement to Revised Regulations of Ontario, 1980) 

Municipal Elections Act 

Forms 681 

Use of Voting Recorders 682 



VOLUMES 
N 

Niagara Escarpment Planning and Development Act 

Designation of Area of Development Control 683 

Designation of Planning Area 684 

Development Within the Development Control Area 685 

Niagara Parks Act 

General 686 



TABLE OF REGULATIONS XXVii 

Non-Resident Agricultural Land Interests Registration Act ! ■ reg. 

General 687 

North Pickering Development Corporation Act 

North Pickering Planning Area 688 

Notaries Act 

Fees 689 

Nursing Homes Act 

General 690 



O 

Occupational Health and Safety Act 

Construction Projects 691 

Industrial Establishments 692 

Inventory of Agents or Combination of Agents for the Purpose of Section 21 of the 

Act 693 

Mines and Mining Plants 694 

Official Notices Publication Act 

Rates 695 

Oleomargarine Act 

General 696 

Ombudsman Act 

General Rules 697 

Ontario Agricultural Museum Act 

Fees 698 

General 699 

Ontario Energy Board Act 

General 700 

Rules of Procedure 701 

Uniform System of Accounts for Gas Utilities Class A 702 

Ontario Food Terminal Act 

Composition and Procedure of Board 703 

Conduct of Business 704 

Rental Fees for Delivering or Discharging Produce 705 

Ontario Guaranteed Annual Income Act 

Forms 706 

General 707 

Guaranteed Income Limit 708 

Ontario Heritage Act 

Archaeological Sites 709 

Historic Sites 710 

Grants and Loans 711 

Grants to Incorporated Historical Societies and Associations 712 

Grants for Museums 713 

Grants for Plaguing 714 

Licences 715 

Ontario Highway Transport Board Act 

Rules of Procedure 716 

Ontario Human Rights Code 

Form of Complaint 717 



XXVlll TABLE OF REGULATIONS 

Ontario Institute for Studies in Education Act reg. 

General 718 

Ontario Lottery Corporation Act 

General 719 

Ontario Mineral Exploration Program Act 

General 720 

General 721 

Ontario Municipal Board Act 

Procedure 722 

Tariff of Fees 723 

Ontario Municipal Employees Retirement System Act 

General 724 

Ontario Municipal Improvement Corporation Act 

Procedure 725 

Ontario New Home Warranties Plan Act 

Administration of the Plan 726 

Designation of Corporation 727 

Terms and Conditions of Registration of Builders and Vendors 728 

Ontario Pensioners Property Tax Assistance Act 

Definition— "Rent Paid" 729 

General 730 

General 731 

Ontario Place Corporation Act 

Fees 732 

Ontario Telephone Development Corporation Act 

Composition and Procedures of Corporation 733 

Ontario Unconditional Grants Act 

General 734 

Ontario Universities Capital Aid Corporation Act 

Designated Universities 735 

Ontario Water Resources Act 

Plumbing Code 736 

Rate of Interest 737 

South Cayuga Sewage Works 738 

Water Wells 739 

Operating Engineers Act 

General 740 

Ophthalmic Dispensers Act 

General 741 



P 

Paperback and Periodical Distributors Act 

General 742 

Parks Assistance Act 

General 743 

Parkway Belt Planning and Development Act 

Parkway Belt Planning Area 744 



TABLE OF REGULATIONS XXIX 

Partnerships Registration Act REG. 

General 745 

Pension Benefits Act 

General 746 

Personal Property Security Act 

Branch Offices 747 

Fees Concerning Security Documents 748 

General 749 

Personal Property Security Assurance Fund 750 

Pesticides Act 

General 751 

Petroleum Resources Act 

Exploration, Drilling and Production 752 

Spacing Units 

Arthur Pool 753 

Clearville 754 

Colchester South 755 

Courtright Pool 756 

Coveny Pool 757 

Dawn 4-28-1 1 1 Pool 758 

Dawn and Sombra (Townships of) 759 

Duncannon Pool 760 

Egremont (Township of) 761 

Ekfrid Pool 762 

General Dawn 5-27-1 1 1 Pool 763 

Gosfield South (Township of) 764 

Hemlock Pool 765 

Innerkip East Pool 766 

Innerkip Pool 767 

Ladysmith Pool 768 

Maiden (Township of) 769 

Moore (Township of) 770 

Osborne Pool 771 

Otter Creek East Pool 772 

Otter Creek Pool 773 

Oxiey Field 774 

Plympton 5-19-VI Pool 775 

Ruscom River Pool 776 

St. Patrick's Pool 777 

Terminus North Pool 778 

Townsend Pool 779 

Venison Creek Pool 780 

Verschoyle West Pool 781 

Wilsonville Pool 782 

Wilsonville South Pool 783 

Pits and Quarries Control Act 

General 784 

Planning Act 

Notice Requirements 

Restricted Area By-laws 785 

Rules of Procedure 

Consent Applications 786 

Minor Variance Applications 787 

Plant Diseases Act 

General 788 



XXX TABLE OF REGULATIONS 

Police Act 

Arbitration 789 

Equipment 790 

General — Discipline 791 

Municipal Police Forces 792 

Responsibility of Policing 793 

VOLUME 7 

Power Corporation Act 

Electrical Safety Code 794 

Fees 795 

Pension and Insurance Plan 796 

Water Heaters 797 

Prearranged Funeral Services Act 

Trust Accounts 798 

Private Hospitals Act 

General 799 

Private Investigators and Security Guards Act 

General 800 

Private Vocational Schools Act 

General 801 

Professional Engineers Act 

Consulting Engineers 802 

Designation of Specialists 803 

General 804 

Practice and Procedure for Hearings 805 

Provincial Court (Civil Division) Project Act 

Rules of the Provincial Court (Civil Division) 806 

Provincial Courts Act 

Observation and Detention Homes 807 

Remuneration of Part-Time Provincial Judges 808 

Rules of Practice and Procedure of the Provincial Offences Courts 809 

Rules of the Provincial Court (Family Division) 810 

Salaries and Benefits of Provincial Judges 81 1 

Stenographic Reporters 812 

Provincial Land Tax Act 

Exemption 813 

General 814 

Provincial Offences Act 

Costs 815 

Extensions of Prescribed Times 816 

Proceedings Commenced by Certificate of Offence 817 

Rules of Practice and Procedure on Appeals in the Court of Appeal under the 

Provincial Offences Act 818 

Rules of Practice and Procedure on Appeals in the County and District Courts and 

the Provincial Court (Criminal Division) under Section 99 of the Act 819 

Rules of Practice and Procedure on Appeals in the Provincial Court (Criminal Divi- 
sion) under Section 1 18 of the Act 820 

Provincial Parks Act 

Designation of Parks 821 

General 822 

Guides in Quetico Provincial Park 823 

Mining — Ojibway Prairie Provincial Nature Reserve 824 



TABLE OF REGULATIONS XXXI 

Psychologists Registration Act reg. 

General 825 

Public Accountancy Act 

Licence Fee 826 

Public Commercial Vehicles Act 

Carrying Goods in Bond 827 

Conditions of Carriage 

Freight Forwarders 828 

General Freight Carriers 829 

Livestock Carriers 830 

Used Household Goods Carriers 831 

General 832 

Public Health Act 

Application of Schedule B to the Public Health Act to Unorganized Townships . . 833 

Camps in Unorganized Territory 834 

Capital Grants for Community Health Facilities 835 

Communicable Diseases 836 

Community Health Services 837 

Designation of Communicable Diseases 838 

Designation of Human Ailments 839 

Food Premises 840 

Grants to Boards of Health 841 

Health Units 

Areas that may be Included in Health Units 842 

General 843 

Indigent Patients 844 

Laboratories 845 

Pasteurization Areas 846 

Pasteurization Plants 847 

Plumbing in Unorganized Territory 848 

Public Swimming Pools 849 

Qualifications of Medical Officers of Health, Public Health Inspectors and Public 

Health Nurses 850 

Recreational Camps 851 

Sanitary Code for Unorganized Territory 852 

Slaughterhouses and Meat Processing Plants 853 

Specimen Collection Centres 854 

X-Ray Safety 855 

Public Hospitals Act 

Capital Grants for the Amalgamation of Hospital Services 856 

Capital Grants for Ambulance Facilities 857 

Capital Grants for Capital Expenditures that will Produce Savings in Operating 

Costs 858 

Capital Grants for Hospital Construction and Renovation 859 

Capital Grants for Local Rehabilitation and Crippled Children's Centres 860 

Capital Grants for Regional Rehabilitation Hospitals 861 

Capital Grants for Teaching Hospitals 862 

Classification of Hospitals 863 

Grants to Certain Hospitals for Laboratory Investigations 864 

Hospital Management 865 

Public Institutions Inspection Act 

Fees and Allowances to Panel Members 866 

Public Lands Act 

Land Use Permits 867 

Restricted Areas 

District of Algoma 868 

District of Kenora 869 

District of Kenora 870 

District of Kenora, Patricia Portion 871 



XXXll TABLE OF REGULATIONS 

Public Lands Act — Continued 
Restricted Areas — Continued 

Districts of Manitoulin and Sudbury 87 

District of Nipissing 87 

District of Nipissing 87 

District of Parry Sound 87 

District of Rainy River 87 

District of Sudbury — Townships of Kaplan and Wakami 87 

District of Thunder Bay — Townships of Blackwell, Conacher, Forbes, Goldie, 

Hagey, Haines, Laurie and the Dawson Road Lots 87i 

Sale and Lease of Public Lands 87J 

Public Libraries Act 

Grants for Public Libraries 880 

Public Service Act 

General 881 i 

Public Service Superannuation Act 

Designations under Section 31 of the Act 882 

Designations — General 883 

Public Transportation and Highway Improvement Act 

Intersections in Unorganized Territory 884 

Permits 885 

Use of Rest, Service or Other Areas 886 

Public Trustee Act 

General 887 

Public Vehicles Act 

General 888 



Race Tracks Tax Act 

Rate of Tax 889 

Radiological Technicians Act 

General 890 

Real Estate and Business Brokers Act 

General 891 

Reciprocal Enforcement of Judgments Act 

Application of Act 892 

Reciprocal Enforcement of Maintenance Orders Act 

Reciprocating States 893 

Registry Act 

Canada Lands 894 

Fees 895 

Forms and Records 896 

Registry Divisions 897 

Surveys, Plans and Descriptions of Land 898 

Regulations Act 

General 899 

Residential Tenancies Act 

Exemption 900 

Fees and Forms 901 

Regions 902 



TABLE OF REGULATIONS XXXlll 

4. 

Retail Sales Tax Act REG 

Definitions by Minister 903 

General 904 

Riding Horse Establishments Act 

General t^.^1; 905 



h 



VOLUME 8 
S 



St. Clair Parkway Commission Act 

General 906 

St. Lawrence Parks Commission Act 

Controlled Access Highways 907 

Highway Vested in the Commission 908 

Parks 909 

Securities Act 

General 910 

Seed Potatoes Act 

Gdneral 911 

Shoreline Property Assistance Act 

General 912 

Small Business Development Corporations Act 

Delegation of Powers 913 

Forms i..9»kHUi^ 914 

General 915 

Small Claims Courts Act 

Courts 916 

Rules of Procedure 917 

Small Claims Courts Judges 918 

Tariff of Fees 919 

Stock Yards Act 

Management 920 



Superannuation Adjustment Benefits Act 

Designation and Review Committee 

Caucus Employees Retirement Plan 921 

Public Service Superannuation Fund 922 

Retirement Pension Plan of Ryerson Polytechnical Institute 923 

Teachers' Superannuation Fund 924 

Surrogate Courts Act 
* Rules of Practice — Surrogate Court 925 

Surveyors Act 

General 926 

Surveys Act 

Monuments 927 

Survey Methods 928 

The Ontario Co-ordinate Systems 929 



XXXiv TABLE OF REGULATIONS 

T ■ : ,.\i:> 

Teachers' Superannuation Act reg 

General 930 

Theatres Act 

General 931 

Tile Drainage Act 

General 932 

Tobacco Tax Act 

Forms 933 

General 934 

Toronto Area Transit Operating Authority Act 

General 935 

Tourism Act 

General 936 

Training Schools Act 

General 937 

Travel Industry Act 

General 938 



U 

Unified Family Court Act 

Practice and Procedure 939 

Upholstered and Stuffed Articles Act 

General 940 



V 

Venereal Diseases Prevention Act 

General 941 

Vital Statistics Act 

General 942 

Vocational Rehabilitation Services Act 

General 943 



W 

Weed Control Act 

General 944 

Wild Rice Harvesting Act 

General 945 

Wilderness Areas Act 

Wilderness Areas 946 

Wine Content Act 

General 947 



TABLE OF REGULATIONS XXXV 

Woodlands Improvement Act REG. 

General 948 

Wool Marketing Act 

Licence Fees 949 

Workmen's Compensation Act 

First-Aid Requirements 950 

General 951 

Pension Plan 952 



Reg. 235 



DAY NURSERIES 



REGULATION 235 

under the Day Nurseries Act 



GENERAL 

1. In this Regulation, 

(a) "architect" means an architect who is a 
member in good standing of the Ontario 
Association of Architects; 

(b) "charitable corporation" means a cor- 
poration without share capital having 
objects of a charitable nature, 

(i) to which Part III of the Cor- 
porations Act applies, or 

(ii) that is incorporated under a general 
or special Act of the Parliament of 
Canada ; 

(c) "handicapped children" means children who 
have a physical or mental impairment that is 
likely to continue for a prolonged period of 
time and who as a result thereof are limited in 
activities pertaining to normal living as ver- 
ified by objective psychological or medical 
findings and includes children with a 
developmental handicap; 

(d) "parent" means a person with whom a 
dependent child resides and upon whom 
the child is dependent for support and 
maintenance ; 

(e) "person in need" means, 

(i) a person eUgible for benefit under the 
Family Benefits Act, 

(ii) a person eligible for general assistance 
under the General Welfare Assistance 
Act, or 

(iii) a person who by reason of financial 
hardship, inability to obtain regular 
employment, lack of the principal 
family provider, illness, disability 
or old age, has available daily 
income as determined by the welfare 
administrator in accordance with 
Form 7, that is less than the per 
diem cost of providing day nursery 
services or private-home day care, 
as the case may be, to his dependent 
child or dependent children ; 

(/) "professional engineer" means a profes- 
sional engineer who is a member in good 
standing of the Association of Professional 
Engineers of the Province of Ontario; 



(g) "sup)ervisor" means a person, approved by 
a Director, who plans and directs the 
program of a day nursery and who is 
directly in charge of the children. O. Reg. 
547/71, s. 1; O. Reg. 148/74, s. 1; O. Reg. 
826/74, s. 1; O. Reg. 380/79, s. 1 (1); O. Reg. 
380/79, s. 2. 

2. — (1) A charitable corporation that operates or 
proposes to operate a day nursery for handicapped chil- 
dren is a class of corporation that may be approved 
under section 6 of the Act. 



(2) A corporation, 

(a) that is a charitable corporation; or 

(b) to which the Co-operative Corporations Act 
applies and whose articles provide that the 
corporation shall be carried on without the 
purpose of gain for its members and that any 
profits or other accretions to the corporation 
shall be used in promoting its objects, 

that operates or proposes to operate a day nursery is a 
class of corporation that may be approved under section 
6 of the Act. O. Reg. 380/79, s. 3. 



BUILDING AND ACCOMMODATION 

3. — (1) Ever>' operator appKang for a licence under 
section 1 1 of the Act shall file with a Director evidence 
that the premises used or to be used as a day nursery 
comply with, 

(a) the laws affecting the health of inhabitants of 
the municipality or the reserve of a band, as 
the case may be, in which the day nursery is 
located; 

{b) any rule, regulation, direction or order of the 
local board of health and any direction or 
order of the local medical officer of health; 

(c) any by-law of the municipality in which the 
day nursery is located or any by-law of the 
council of the band on the reserve on which 
the day nursery is located, as the case may be, 
and any other law for the protection of persons 
from fire hazards; 

(d) any restricted area, standard of housing or 
building by-law passed by the municipality in 
which the day nursery is located pursuant to 
Part III of the Planning Act or any predeces- 
sor thereof and, where the day nursery is 
located on the reserve of a band, any by-law of 



DAY NURSERIES 



Reg. 235 



the council of the bcind on the reserve to regu- 
late the construction, repair or use of build- 
ings; 

(e) the requirements of Regulation 87 of Revised 
Regulations of Ontario, 1980 made under the 
Building Code Act; and 

(/) the requirements of Regulation 794 of 
Revised Regulations of Ontario, 1980 made 
under the Power Corporation Act. O. Reg. 
380/79, s. 4. 

(2) No premises shall be used as a day nursery 
until a letter from the local fire chief has been 
received by a Director certifying that the premises 
nu-et all the requirements of any statute, regulation 
or by-law relating to the protection from fire of 
persons using the premises. R.R.O. 1970, Reg. 160, 
s. 2 (2); O. Reg. 380/79, s. 1 (1). 

4. Before a new building is erected or an existing 
building is used, altered or renovated for use as a day 
nursery, the plans, including those of the playground 
area for the day nursery shall be approved by a Director 
except where the plans are approved by the Minister 
under section 21 and provision shall be made for, 

(a) adequate space for play, toilet, washing, 
dressing, eating and resting ; 

(b) adequate facilities and space for, 

(i) the preparation of food, 

(ii) an office, 

(iii) a room for the supervising staff, 
and 

(iv) the temporary isolation of child- 
ren; 

(c) adequate storage space for food, beds, 
bedding, cleaning equipment and medical 
supplies ; 

(d) a compact layout of the rooms conducive 
to easy supervision of children, but avoid- 
ing unnecessary halls and corridors ; 

(e) except in the case of a day nursery for handi- 
capped children first licensed under the Act on 
or after the 1st day of January, 1972, activity 
room space approved by the Director of a 
minimum of 2.8 square metres of floor space 
and 7 cubic metres of air space for every child 
enrolled; 

(/) in the case of a day nursery for handi- 
capped children first licensed under the Act 
on or after the 1st day of January, 1972, 
a minimum activity room space approved 
by the Director, 



(M) 



(i) for every enrolled child up to and 
including five years of age of S.6 
square metres of floor space and 14 
cubic metres of air space, and 

(ii) for every enrolled child six years of age 
or over, up to and including eighteen 
years of age of 7 square metres of floor 
space and 17.5 cubic metres of air 
space, 

a minimum of one sleeping room in 
addition to activity room space for every 
ten children enrolled under two years of 
age; 



(h) except in the case of a day nursery for 
handicapped children first licensed under 
the Act on or after the 1st day of January, 
1972, a minimum of, 

(i) two separate activity rooms where 
more than twenty-five children from 
two to five years of age, both in- 
clusive, are enrolled, and 

(ii) one separate activity room for every 
thirty children enrolled from six to 
nine years of age, both inclusive ; 

(i) in the case of a day nursery for handi- 
capped children first licensed under the Act 
on or after the 1st day of January, 1972, 
a minimum of, 

(i) activity room space consisting of 
two separate areas where not more 
than ten children are enrolled, and 

(ii) one additional separate area of 
activity room space for every addi- 
tional ten children enrolled ; 

(j) in the case of a day nursery for handi- 
capped children first licensed under the Act 
on or after the 1st day of January, 1972, 
the separation of children under ten years 
of age from children ten years of age to 
eighteen years of age and where one build- 
ing is used for both of the said age groups, 
a separate entrance for each of the said age 
groups, unless the Director has approved 
the use of a single entrance for both age 
groups ; 

{k) adequate ventilation, lighting and heating 
of all rooms ; 

(/) walls, ceilings and floors to be finished in 
attractive colours and with materials that 
are easily washable ; 

(m) adequate protection for children in respect 
of exits, radiators or other heating equip- 
ment and other hazards ; 

(n) except in the case of a day nursery for 
handicapped children first licensed under 



Reg. 235 



DAY NURSERIES 



the Act on or after the 1st day of January, 
1972, the location of all rooms, 

(i) for the use of children under six 
years of age, on or below the second 
storey, and 

(ii) for the use of children six to nine 
years of age, both inclusive, on or 
below the third storey, 

unless the Director otherwise approves; 
and 

(o) the location of all rooms for the use of 
children on or below the second storey in 
the case of a day nursery for handicapped 
children first licensed under the Act on or 
after the 1st day of January, 1972, unless 
the Director otherwise approves. O. Reg. 
148/74, s. 3; O. Reg. 380/79, s. 5; O. Reg. 
636/80, s. 1. 

5. Every day nursery shall have a playground and 
the playground shall, 

(o) have a minimum play space, 

(i) of 3.7 square metres separated from 
the play space of older children for 
each child under two years of age, in 
attendance, 

(ii) of 5.6 square metres for each child 
from two years of age or over, up to 
and including six years of age, in 
attendance, 

(iii) of 7 square metres for each child from 
six years of age or over, up to and 
including nine years of age, in atten- 
dance, and 

(iv) in the case of a day nursery for handi- 
capped children first licensed under 
the Act on or after the 1st day of 
January, 1972, of 7 square metres for 
each child enrolled; 

(b) be fenced on all sides and furnished with 
gates equipped with bolts or catches; 

(c) be suitably surfaced and drained ; 

(d) be of such shape as to make constant 
supervision of the children possible; 

{e) be maintained in a safe and sanitary con- 
dition ; and 

(/) be adequately equipped for outdoor pro- 
gram. R.R.O. 1970, Reg. 160, s. 4; 
O. Reg. 547/71, s. 4; O. Reg. 148/74, 
s. 4; O. Reg. 380/79, s. 6; O. Reg. 636/80, s. 2. 

EQUIPMENT AND FURNISHINGS 

6. — (1) The equipment and furnishings of a day 
nursery shall include, 



(a) tables and chairs of a size suitable for the 
children enrolled ; 

(b) cupboard space to make play equipment 
easily accessible to the children; 

(c) play materials and equipment in sufficient 
quantity for the number of children en- 
rolled and of a type suitable for the ages 
of the children enrolled ; 

(d) individual washcloths, towels and combs; 

(e) individual drinking cups; 

(/) individual cubicles or hooks arranged in 
such a manner that each child's clothing 
can be kept separate and within easy 
reach of the child; 

(g) moisture-resistant material to cover mat- 
tresses; 

(h) washable covers for canvas cots; 

(t) sufficient blankets to maintain adequate 
warmth for the children during the rest 
period ; 

(j) suitable furnishings in the office and staff 
room for the efficient administration of 
the nursery and adequate comfort of the 
staff; and 

{k) a cot, child's table and chair in the isola- 
tion room. O. Reg. 547/71, s. 5, part. 

(2) Except for a day nursery for handicapped 
children first licensed under the Act on or after the 
1st day of January, 1972, the equipment and 
furnishings of a day nursery shall include, 

(a) where there are children under two years 
of age enrolled, 

(i) at least one flush toilet or hospital 
service sink and a table or counter 
space for dressing for ever\' ten 
children in that age group in attend- 
ance, 

(ii) adequate storage facilities clearly 
marked with the child's name for the 
needs of every child in that age 
group, and 

(iii) a crib on wheels clearly marked 
with the child's name for every child 
in that age group; 

(b) where there are children from two to six 
years of age, both inclusive, enrolled, 

(i) at least one wash basin and flush 
toilet for every fifteen children in 



DAY NURSERIES 



Reg. 235 



that age group in attendance with 
a step if necessary to make them 
accessible to the children, and 

(ii) a separate cot clearly marked with 
the child's name for every child in 
this age group in attendance for a 
full day session ; and 

(c) where there are children from six to nine 
years of age, both inclusive, enrolled, 

(i) separate washrooms for the boys and 
girls in that age group and at least 
one flush toilet and wash basin in 
each washroom for every fifteen 
children in that age group in attend- 
ance, but a urinal may be substi- 
tuted for one flush toilet in the boys' 
washroom where more than one such 
toilet is required, and 

(ii) a separate cot or resting pad of 
adequate thickness, each clearly 
marked with the child's name, for 
every child in that ago group in 
attendance for a full day session. 
O. Reg. 547/71. s. 5, part; O. Reg. 
184/74,5.5(1). 

(3) The equipment and furnishings of a day 
nursery for handicapped children first licensed under 
the Act on or after the 1st day of January, 1972, 
shall include, 

(a) at least two flush toilets, two hospital 
sinks and two tables or counterspaces for 
changing or dressing for every fifteen 
children enrolled who might be in need of 
these hygienic services, unless a Director 
otherwise approves; 

(6) at least two wash basins and two flush 
toilets for every fifteen children enrolled, 
unless a Director otherwise approves; 

(c) separate washrooms for boys and girls with 
at least one flush toilet and one wash 
basin in each washroom and at least one 
urinal in the boys' washroom ; and 

{d) adequate storage facilities clearly marked 
with the child's name for the needs of each 
child, and 

(i) a separate cot clearly marked with 
the child's name , for every child 
under six years of age in attendance 
for more than a half day session, 
and 

(ii) a separate cot or resting pad of 
adequate thickness, each clearly 
marked with the child's name for 
every child from six to eighteen 



..M-w. years of age in attendance for more 

than a half day session. O. Reg. 
547/71, s. 5, part; O. Reg. 148/74, 
s. 5 (2); O. Reg. 380/79, s. 1 (1). 

MAINTENANCE 

7. The operator shall ensure that the day nursery, 

(a) is kept in a clean and sanitary condition; 

{h) is swept and dusted at times when the 
rooms are not occupied by the children ; 

(c) is kept in a good state of repair in respect 
of premises and equipment ; and 

{d) is adequately lighted and ventilated while 
being used by the children. R.R.O. 1970, 
Reg. 160, s. 6. 

ENROLMENT AND RECORDS 

8. — (1) The maximum number of children en- 
rolled in a day nursery shall be determined by the 
available space and number of staff required by this 
Regulation. R.R.O. 1970, Reg. 160, s. 7 (1). 

(2) The operator shall keep on the premises of 
the day nursery records maintained up to date and 
available for inspection at all times that shall 
include in respect of every child enrolled in the day 
nursery, 

(a) an application for enrolment in Form 8 made 
by the parent or guardian of the child; 

(b) the name, home address and date of birth of 
the child; 

(c) the names and home address of the parents or 
guardian of the child; 

{d) the place at which a parent or guardian can 
be reached in case of emergency during the 
hours when the child is in the care of the day 
nursery; 

(e) the date of admission of the child; 

(/) the date of discharge of the child; 

(g) particulars of the daily attendance of the 
child; 

{h) particulars of the nutrition and monthly 
growth of every child who is under two years 
of age; 

(i ) measurement of the height and weight of the 
child; 

ij) a record of the child's previous communi- 
cable diseases and immunization; 



Reg. 235 



DAY NURSERIES 



(k 



recommendations for any necessary medical 
treatment; 



(/) any special requirements in respect of diet, 
rest or exercise; 

(m) the name and address of the family physician 
of the child; and 

in) recommendations for individual training 
programs for each handicapped child en- 
rolled. R.R.O. 1970. Reg. 160, s. 7(2); 
O. Reg. 547/71, s. 6; O. Reg. 239/72, 
s. 1; O. Reg. 148/74,8.6. 

DAILY PROCEDURE 

9. — (1) The operator shall establish a daily time- 
table for programs suited to the ages of the children 
in attendance and such time-tables shall be con- 
sistently followed. 

(2) The time-table shall be available for inspection 
at all times and shall list the program of outdoor 
and indoor play, toilet and washroom routine, and 
meal and rest periods. R.R.O. 1970, Reg. 160, 
s. 8 (1, 2). 

(3) The daily program for the children in the 
day nursery shall be conducted so that, 

(a) each child in attendance under the age of 
two years plays or sleeps outdoors for at 
least two hours when the weather is suitable 
unless otherwise advised by a physician; 

(6) each child more than two years of age 
in attendance for a full day session plays 
outdoors for at least two hours unless 
otherwise advised by a physician and has a 
rest period of at least one hour; 

(c) children not yet able to walk are separated 
during play periods from other children ; 

{d) children from two to five years of age, 
both inclusive, in attendance are separated 
during play periods from older children ; 

{e) children in attendance are not at any time 
to be left without staff supervision ; 

(/) corporal punishment of the children is not 
permitted; and 

(g) it conforms with any other standards 
established by a Director. R.R.O. 1970, 
Reg. 160, s. 8 (3); O. Reg. 547/71, s. 7 (1); 
O. Reg. 380/79, s. 1 (1). 

(4) The program in a day nursery for handicapped 
children shall be conducted, 

(a) so that a motivating environment is 
created ; 



(b) to allow mobility in the grouping of the 
children and flexibility in the arrangement 
of training facilities ; 

(c) so that adequate areas are provided for the 
care and training of handicapped children ; 

{d) to provide sensory training and the learning 
of functional skills ; 

(e) to allow for both individual and small 
group training ; and 

(/) to provide physical activities, speech and 
occupational therapy. O. Reg. 148/74, 

s. 7. 



NUTRITION 
10. — (1) The operator shall provide, 

(a) nourishment for any child under two years 
of age attending the day nursery in accord- 
ance with written instructions from his 
parent or guardian respecting his diet; 

(b) except in the case of a day nursery for 
developmentally handicapped children, a 
mid-day meal consisting of a hot lunch for 
children six years of age and over and under 
ten years of age, who attend the day nursery 
for more than six hours in a day; 

(c) except in the case of a day nursery for 
developmentally handicapped children, a 
mid-day meal consisting of a full-course hot 
dinner for children two years of age and over 
and under six years of age who attend the day 
nursery for more than six hours a day; 

(d) a mid-day meal consisting of a full-course hot 
dinner for children up to eighteen years of age 
who attend a day nursery for developmentally 
handicapped children for more than a half day 
session; and 

(e) nourishing food at such other times or inter- 
vals as a Director may require for any 
child two years of age and older attend- 
ing the day nursery. R.R.O. 1970, Reg. 
160, s. 9 (1); O. Reg. 547/71, s. 8; O. Reg. 
148/74, s. 8; O. Reg. 380/79, s. 1 (1); 
O. Reg. 380/79, s. 7. 

(2) The preparation of food for the children 
attending a day nursery shall be under the super- 
vision of a person having knowledge of the nutritional 
needs and proper eating habits of young children.. 

(3) Menus for the children attending a day nursery 
shall be prepared at least one week in advance and 
shall be available for inspection at any time. K.K.O. 
1970, Reg. 160,5.9(2,3). 



DAY NURSERIES 



Reg. 235 



HEALTH AND MEDICAL SUPERVISION 

11. — (1) Before his admission to a day nursery 
and from time to time thereafter a child shall be 
given immunization as required by the local medical 
officer of health. 

(2) A daily inspection of every child in the day 
nursery shall be made before the child begins to asso- 
ciate with other children by a person familiar with 
the children and competent to recognize the 
symptoms of communicable disease and ill-health. 

(3) If a child in a day nursery develops symptoms 
of illness he shall be isolated from the other children, 
in a separate room reserved for the purpose, until 
he can be examined by a legally qualified medical 
practitioner or safely removed. 

(4) Where a serious accident or illness occurs to 
a child in a day nursery the supervisor shall forth- 
with, 

(a) obtain all necessary medical assistance; 
and 

(b) notify the parent or guardian of the child, 
R.R.O. 1970, Reg. 160, s. 10 (1-4). 

(5) The operator shall keep at the day nursery a 
first-aid kit readily available for emergency treat- 
ment and fully stocked as approved by a Director. 
R.R.O. 1970, Reg. 160, s. 10 (5); O. Reg. 380/79, s. 1 
(1). 

(6) The operator shall permit at any time inspec- 
tion of the day nursery by the local medical officer 
of health or any person designated by him and 
recommendations made for the health and nutrition 
of a child shall be carried out by the staff of the day 
nursery. R.R.O. 1970, Reg. 160, s. 10 (6). 

12. — (1) The supervisor of a day nursery shall 
establish a procedure as directed by a nurse registered 
under Part IV of the Health Disciplines Act or by a 
legally qualified medical practitioner for the adminis- 
tration of any drug or medication prescribed by a leg- 
ally qualified medical practitioner for any child 
attending the day nursery. 

(2) The supervisor of a day nursery shall keep 
in a locked cupboard all drugs and medications on 
the premises of the day nursery and the keys to such 
cupboard shall be kept in his custody or in the 
custody of some other employee of the nursery 
designated by him and the person having custody of 
the keys shall be responsible for the removal of 
any drugs or medications from the cupboard and 
for the administration in accordance with the 
procedure established under subsection (1) of any pre- 
scription drug or medication. 

(3) A daily record signed by the supervisor or 
person having custody of the keys shall be kept 
of all prescription drugs and medications showing 



the amounts dispensed and the amounts on hand 
and in addition there shall be kept all records 
required under the Narcotic Control Act (Canada). 
O.Reg. 148/74,5.9. 



FIRE DRILL AND EMERGENCY INFORMATION 

13. The operator shall ensure that, 

(a) a procedure approved by the local fire chief 
is established and followed in the case of 
fire, and the procedure shall include the 
duties of each member of the staff ; 

(b) the staff and children of the day nursery 
are instructed in the procedure established 
under clause (a), the procedure is posted in a 
conspicuous place in the day nursery, and 
a written record is kept of fire drills and 
inspections, and tests of fire equipment ; 
and 

(c) addresses and telephone numbers of staff 
members, substitute staff, the local medical 
officer of health, a physician, a taxi, an 
ambulance, a hospital, the fire department 
and police force, and other emergency infor- 
mation are listed on a card posted in an 
accessible place in the day nursery. R.R.O. 
1970, Reg. 160, s. 11. 



14. — (1) Every day nursery shall have a supervisor 
who, in the opinion of a Director, 

(a) is sympathetic to the welfare of children ; 

(b) has a specialized knowledge of and adequate 
experience in the methods of child guid- 
ance suited to the ages of children eligible 
for enrolment ; and 

(c) is suitable in respect of age, health and 
personality to occupy the position. 

R.R.O. 1970, Reg. 160, s. 12 (1); O. Reg. 380/79, s. 1 
(1). 

(2) In addition to the supervisor the operator 
shall employ, for the supervision of the children 
enrolled in the day nursery, a staff having specialized 
knowledge and adequate experience in the methods 
of child guidance for the ages of the children 
supervised. R.R.O. 1970, Reg. 160, s. 12 (2). 

(3) The number of staff, including the super- 
visor, required for the supervision of children 
enrolled in a day nursery shall be determined in 
accordance with Schedule 1 except where a 
Director authorizes a change in the required 
number. O. Reg. 148/74, s. 10; O. Reg. 380/79, s. 1 
(1). 



Reg. 235 



DAY NURSERIES 



(4) There shall be two adults in attendance on the 
premises of a day nursery at all times while there 
are four or more children in the day nursery under 
six years of age. 

(5) Every member of the supervisory and house- 
keeping staff of a day nursery, before commencing 
his employment and thereafter, as may be required 
by the medical officer of health, shall be medically 
examined by a legally qualified medical practitioner 
and shall obtain from him a certificate that he is free 
from communicable diseases and in particular that 
he has had a chest X-ray that shows negative for 
tuberculosis. 

(6) The operator shall ensure that every certificate 
obtained under subsection (5) is filed in the day nur- 
sery. R.R.O. 1970, Reg. 160, s. 12 (4-6); o' Reg. 

232/71, s. 2. 

FINANXIAL RECORDS AND RETURNS 

15. — (1) Every operator shall keep adequate finan- 
cial records for any day nursery operated by him. 

(2) The financial records of a day nursery shall 
show at least the, 

(a) assets; 

(b) liabilities; 

(c) income; 

(d) expenses; and 

ie) accumulated surplus and deficit. 



of the day nursery, 
s. 13 (1, 2). 



R.R.O. 1970, Reg. 547/71, 



16. — (1) Every operator of a day nursery shall, 
in respect of each day nursery operated by him, 
furnish to a Director such financial and statistical 
information as the Director may from time to time 
require. O. Reg. 232/71, s. 3; O. Reg. 380/79, s. 1(1). 

(2) Ever\- municipality and band shall, in respect 
of day nursery services or private-home day care 
that it purchases pursuant to any agreement entered 
into under the Act, furnish to a Director such 
financial and statistical information as he may from 
time to time require. O. Reg. 239/72, s. 2; O. Reg. 
380/79, s. 1 (1). 

COMPUTATION OF PROVINCIAL GRANT 

17. — (1) In this section, 

(a) "liquid assets" means cash, bonds, deben- 
tures, stocks, the beneficial interest in assets 
held in trust and available to be used for 
maintenance, and any other assets that can 
be readily converted into cash ; 

ib) "welfare administrator" means a muni- 
cipal welfare administrator, a regional 
welfare administrator or a welfare ad- 



ministrator of a band, as the case may be, 
appointed under the General Welfare As- 
sistance Act. R.R.O. 1970, Reg. 160, 
s. 14 (1) ; O. Reg. 232/71, s. 4 (1) ; O. Reg. 
239/72. s. 3 (1); O. Reg. 148/74, s. 12 (1); 
O. Reg. 826/74, s. 3; O. Reg. 310/78, s. 2 (1). 

(2) In determining a person in need there may 
be excluded in determining available income an 
exemption on net earnings not exceeding an 
amount equal to 25 per cent of the monthly net 
earnings of the person and the monthly net 
earnings of his dependants who are adults. 

(3) In determining a person in need the welfare 
administrator shall take into account the liquid 
assets that are available. O. Reg. 310/78, s. 2 (2). 

18. — (1) In this section, 

(a) "cost" means the gross expenditure reason- 
able and necessary for providing day 
nursery services or private home day 
care, or both, less income other than 
revenue from fees ; 

(6) "dependent child" means a child who 
resides with a parent and is dependent 
upon the parent for support and main- 
tenance ; and 

(c) "net cost" means cost less revenue from 
fees. O. Reg. 310/78, s. 3, part. 

(2) Every municipality, band or approved corpora- 
tion claiming a payment under section 19 shall annu- 
ally before a date fixed by a Director in each year 
prepare and submit to a Director on a form provided 
by a Director, an estimate of costs, revenue and sub- 
sidy payable for the next fiscal year and such estimate 
shall be subject to the approval of the Director. 

(3) A municipality, band or approved corporation 
may at any time during the fiscal year after the estimate 
has been approved by a Director, submit an amend- 
ment to the estimate for the fiscal year and such 
amendment shall be subject to the approval of the 
Director. 

(4) The Director may approve the amount of any 
estimate or amendment thereto, as the case may be, as 
submitted under subsection (2) or (3) or the Director 
may vary the amount of the estimate or the amend- 
ment and approve the amount as so varied. 

(5) Subject to subsection (6), an amount payable to a 
municipality, band or approved corporation shall be 
calculated in accordance with section 19 provided that 
the total amount payable shall not exceed the total 
amount of the estimate as finally approved by a 
Director under subsection (4). 

(6) An amount paid under section 19 for a fiscal year 
may be adjusted upon receipt of the annual financial 
statement of the approved corporation referred to in 



DAY NURSERIES 



Reg. 235 



section 30 or the financial information of the munici- 
paHty or band referred to in section 16, as the case may 
be. 

(7) The amount of an adjustment referred to in sub- 
section (6) shall either be paid to the municipality, 
band or approved corporation by Ontario or refunded 
by the municipality, band or approved corporation to 
Ontario, as the case may be. 

(8) The moneys paid under this section to a munici- 
pality, band or approved corporation shall be expended 
by the municipality, band or approved corporation, as 
the case may be, only in accordance with the estimate 
finally approved by a Director under subsection (4). 

(9) Every municipality, band or approved corpora- 
tion applying for a payment under section 8 of the Act 
shall apply to a Director on a form provided by a 
Director before the 20th day of the month following the 
month for which the payment is claimed. 

(10) Any part approved by a Director of the esti- 
mated monthly amount payable under section 19 may 
be paid in advance of making an application under 
subsection (9), subject to adjustment upon receipt by 
a Director of an appHcation under subsection (9) for 
that month. O. Reg. 380/79, s. 8. 

19. — (1) Subject to subsection (3), the amount pay- 
able under section 8 of the Act to a municipality or 
band is, 

(a) 80 per cent of the net cost of providing day 
nursery services to a child in attendance at a 
day nursery operated by the municipality or 
band; and 

(b) 80 per cent of the net cost incurred under an 
agreement to provide day nursery services or 
private-home day care, or both, to a depen- 
dent child whose parent is a person in need. 

(2) Subject to subsection (3), the amount payable 
under section 8 of the Act to an approved corporation is 
80 per cent of the cost of providing day nursery services 
in a day nursery operated by the corporation to a 
dependent child whose parent is a person in need pro- 
vided the amount payable under the Act shall be calcu- 
lated such that the amount payable plus the fees pay- 
able by the parents who are persons in need shall not 
exceed the cost. 

(3) The amount payable under section 8 of the Act in 
respect of handicapped children in the following prog- 
rams is, 

(a) to a municipality, band or approved corpora- 
tion for providing day nursery services to a 
handicapped child in attendance at a day nur- 
sery operated by the municipality, band or 
approved corporation, 

(i) 100 per cent of the net cost for each 
handicapped child five years of age or 
older, and 



(ii) 87 per cent of the cost for each hand- 
icapped child under five years of age 
provided the amount payable under 
the Act shall be calculated such that 
the amount payable plus the fees pay- 
able by the parents shall not exceed the 
cost; and 

(b) to a municipality or band, under an agree- 
ment to provide day nursery services, 87 per 
cent of the cost incurred under the agreement 
to provide day nursery services to any depen- 
dent child who is a handicapped child under 
five years of age whose parent is a person in 
need provided the amount payable under the 
Act shall be calculated such that the amount 
payable plus the fees payable by the parents 
who are persons in need shall not exceed the 
cost. O. Reg. 380/79, s. 9, part. 

20. — (1) In this section and sections 21, 22 and 23, 

(a) "actual cost" means the cost of a building 
project and includes, 

(i) fees payable for the services of an 
architect, professional engineer, or 
other consultant, 

(ii) the cost of purchasing and installing 
furnishings and equipment, 

(iii) the cost of land surveys, soil tests, 
permits, licences and legal fees, 

(iv) the cost of paving, sodding and land- 
scaping, and 

(v) the cost of acquiring the land necessary 
for the building project; 

(b) "approved cost" means that portion of the 
actual cost of a building project approved by 
the Minister; 

(c) "architect" means an architect who is a 
member in good standing of the Ontario 
Association of Architects; 

{d) "building project" means a project composed 
of one or more of the following elements: 

(i) the purchase or other acquisition of all 
or any part of an, existing building or 
buildings including the land contigu- 
ous thereto, 

(ii) any renovations or alterations to an 
existing building or buildings, 

(iii) additions to an existing building or 
buildings, 

(iv) the purchase or other acquisition of 
vacant land for the purpose of con- 



Reg. 235 



DAY NURSERIES 



strutting a building or buildings there- 



(v) the erection of anew building, or 'any 
part thereof, 

(vi) the demolition of a building, and 

(vii) the installation of public utilities, sew- 
ers and items or services necessary for 
access to the land or building or build- 
ings. 

(2) The amount of a payment under section 9 of the 
Act to a municipality, band or approved corporation 
for those elements of a building project referred to in 
subclauses (1) (d) (i), (iii), (iv), (v), (vi) and (vii) shall be 
equal to 50 per cent of the approved cost of the build- 
ing project. 

(3) The amount of a payment under section 9 of the 
Act to a municipality, band or approved corporation 
for those elements of a building project referred to in 
subclause (1) (d) (ii) shall be equal to 80 per cent of the 
approved cost of the building project. 

(4) Notwithstanding subsections (2) and (3), the 
amount of a payment under section 9 of the Act to an 
approved corporation for a building project for a day 
nursery for handicapped children shall be equal to 80 
per cent of the approved cost of the building pro- 
ject. O. Reg. 380/79, s. 9, part. 

21. — (1) An application for a payment under sec- 
tion 9 of the Act for a building project shall be made to 
the Minister on a form provided by the Minister. 

(2) An applicant who applies under subsection (1) 
shall file with the Minister two copies of a site plan 
showing the location of the building or buildings, if 
any, on the site and, in the case of a building project 
with one or more of the elements referred to in sub- 
clauses 20 (1) id) (i), (ii), (v) or (vii), 

(a) building plans and specifications prepared by 
an architect or professional engineer showing 
the structure, fixtures and arrangements of 
the building or buildings and describing the 
areas of the building or buildings to be used 
for the purposes of the Act; or 

(b) where the Minister approves, structural 
sketches and specifications prepared by a per- 
son other than an architect or professional 
engineer describing the building or buildings 
and the areas of the building or buildings or 
contiguous to the building or buildings to be 
used for the purposes of the Act, 

and the site plan, the building plans and specifications 
or the structural sketches and specifications, as the case 
may be, shall be approved by the Minister. 

(3) No plan, specification or structural sketch filed 
with the Minister shall be amended or altered without 



the approval of the Minister. 
part. 



O. Reg. 380/79, s. 9, 



22. — (1) No payment under section 9 of the Act 
shall be made for a building project except where, 

(a) the building project has been approved by the 
Minister; 

(b) the approved cost has been determined; and 

(c) the approvals of the Minister under section 6 
of the Act and subsections 20 (2) and (3), sub- 
sections 21 (2) and (3) and section 23 of this 
Regulation have been obtained. 

(2) An approval of a building project by the Minis- 
ter referred to in subsection (1) expires on the first 
anniversary of the date upon which the approval is 
given unless the building project has been commenced 
before such anniversary date. 

(3) A payment under section 9 of the Act may be paid 
as a single payment or in two or more instalments and, 
except where the Minister directs otherwise, the aggre- 
gate of the amounts of the payments made at any point 
in time shall not exceed, 

(a) an amount that bears the same proportion to 
the estimated total payment as the amount of 
progress made at the time towards completion 
of the project bears to the total estimated 
amount of work required for completion; or 

(b) an amount that bears the same proportion to 
the estimated total payment as the amount of 
cost incurred at the time bears to the total 
estimated cost of the project, 

whichever is the greater. 

(4) A single payment, or in the case of payment in 
two or more instalments, the final payment of an 
amount payable for a building project shall not be made 
until, 

(a) an architect or professional engineer certifies, 
or the Minister is otherwise satisfied, that the 
building project has been completed in accor- 
dance with the plans filed under clause 2 1 (2) 
(a) or the sketches thereof approved by the 
Minister under clause 21 (2) (b) and the 
building or addition is ready for use and 
occupancy; and 

{b) the applicant for the payment submits a report 
stating, 

(i) the actual cost of the building project, 

(ii) that the total of the unpaid accounts 
applicable to the building project does 
not exceed the amount of the grant 
remaining to be paid, 



10 



DAY NURSERIES 



Reg. 235 



(iii) that the amount of the grant remaining 
to be paid will be applied first to the 
payment of the unpaid accounts, and 

(iv) that all refundable sales tax has been 
taken into account. O. Reg. 380/79, 
s. 9, part. 

23. No applicant for or recipient of a payment 
under section 9 of the Act for a building project shall, 

(a) acquire a building or land for the building 
project; 

(b) call tenders for the building project; 

(c) commence construction of the building pro- 
ject; or 

(d) erect any temporary or permanent sign, tablet 
or plaque on the site or building project, 

without the approval of the Minister. O. Reg. 380/79, 
s. 9, part. 

24. Expenditures incurred by a municipality, 
band or approved corporation for furnishings or 
equipment that are not replacements or for repairs to or 
maintenance of a capital asset, that, 

(a) are, in the opinion of the Minister, necessary 
for the efficient operation of the day nursery 
and the cost of which is not excessive for the 
purpose; and 

(b) are in excess of $300, 

are, where the Minister so approves, capital expendi- 
tures for which a grant may be paid, upon application 
by the municipality, band or approved corporation, in 
an amount equal to 80 per cent of the approved expen- 
ditures incurred. O. Reg. 380/79, s. 9, part. 

25. Every municipality, band or approved corpo- 
ration that receives a payment under this Regulation 
shall keep and maintain an inventory of all furnishings 
and equipment acquired by the municipality, band or 
approved corporation, as the case may be, and the 
inventory shall set forth each addition to or removal 
from inventory and the reasons therefor and shall be 
prepared in such manner and contain such additional 
information as a Director may require. O. Reg. 380/ 
79, s. 9, part. 



PRIVATE-HOME DAY CARE 

26. — (1) In this section and in Forms 8 and 9, 

(a) "day-care provider" means the person on 
the premises where the private-home day- 
care is furnished who is directly in charge 
of the children ; 



(b) "supervised private-home day care" means 
private-home day care furnished on 
premises that is subject to inspection under 
clause (2) (a). O. Reg. 239/72, s. 4, part; 
O. Reg. 148/74, s. 16 (1); O. Reg. 380/79, 
s. 10 (1). 

(2) Where private-home day care is furnished under 
an agreement entered into under section 4 or section 8 
of the Act between a municipality, a council of a band 
or the Minister and a person or organzation, 

(a) the premises where the private-home day 
care is furnished shall be inspected on 
behalf of the municipality, council of the 
band or Minister, as the case may be, at 
least every three months or at such more 
frequent intervals as the municipality, 
council of the band or Minister deems 
necessary, by a person appointed by the 
municipality, council of the band or Minister 
who has satisfied a Director that he has 
the qualifications referred to in subsec- 
tion 14 (1); 

(b) the building in which the private-home 
day care is furnished shall be constructed 
and maintained so that it complies with, 

(i) the laws affecting the health of the 
inhabitants of the municipality or the 
reserve of the band, as the case may 
be, in which the building is located, 

(ii) any rule, regulation, direction or 
order of the local board of health and 
any direction or order of the local 
medical officer of health, 

(iii) any by-law of the municipality in 
which the building is located or any 
by-law of the council of the band on 
the reserve on which the building is 
located, as the case may be, and any 
other law for the protection of 
persons from fire hazards, 

(iv) any restricted area, standard of 
housing or biailding by-law passed 
by the municipality in which the 
building is located pursuant to Part 
III of the Planning Act or any 
predecessor thereof and, where the 
building is located on the reserve of 
a band, any by-law of the council of 
the band on the reserve to regulate 
the construction, repair or use of 
buildings, 

(v) the requirements of Regulation 87 of 
Revised Regulations of Ontario, 1980 
made under the Building Code Act, 
and 

(vi) the requirements of Regulation 794 of 
Revised Regulations of Ontario, 1980 
made under the Power Corporation 

Act; 



Reg. 235 



DAY NURSERIES 



11 



(c) disbursements made by the municipality or 
council of the band, as the case may be, 
under the agreement shall be substantiated 
by child attendance records certified as to 
correctness by the p>erson or organization 
furnishing the supervised private-home 
day care, and in respect of each such child, 
by the parent or guardian of that child ; and 

(d) the person or organization furnishing the 
supervised private-home day care shall 
ensure that, 

(i) an application in Form 8 for super- 
vised private-home day care made by 
the parent or guardian of every child 
for whom the care is being furnished 
is kept on the premises where the care 
is furnished and is available for 
inspection at all times, 

(ii) the number of children including 
her own, three years of age and 
younger, in charge of the day-care 
provider, does not exceed two child- 
ren who are two years of age and 
younger or three children who are 
three years of age and younger, 

(iii) the local medical officer of health or 
any person designated by him is 
permitted to inspect the premises 
before the premises are approved 
by the municipality or council of 
the band for the furnishing of 
supervised private-home day care, 
and from time to time thereafter, 
and that recommendations made by 
the local medical officer of health or 
by a person designated by him for the 
health and nutrition of any child in 
the home are carried out, 

(iv) access to the premises where the 
private-home day care is furnished 
is permitted from time to time and 
at all reasonable times for any person 
making an inspection pursuant to 
clause (a) and for any person desig- 
nated as a provincial supervisor 
under subsection 15 (1) of the Act 
making an inspection on behalf of the 
Minister and that any recommenda- 
tion made by any such person is car- 
ried out, 

(v) each person caring for children on 
the premises in which the private- 
home day care is furnished and every 
other person ordinarily resident or 
regularly on the premises in which the 
private-home day care is furnished 
is examined by a duly qualified 
medical practitioner from time to 
time as recommended by the local 



medical officer of health, or, if not so 
recommended at least once a year, 
and that the person so examined 
obtains from such medical practi- 
tioner a certificate that he is free 
from communicable diseases and in 
particular that he has had a chest 
x-ray or tuberculin test that is 
negative for active tuberculosis, 

(vi) there is an adult person in attendance 
at all times on the premises where 
any child is present for supervised 
private-home day care, 

(vii) the day-care provider in charge 
of the premises where the super- 
vised private-home day-care is fur- 
nished has made application to 
provide supervised private-home 
day-care in Form 9, and 

(A) is sympathetic to the welfare of 
children, 

(B) has adequate knowledge of 
and experience in the methods 
of child guidance suited to the 
ages of children eligible for 
enrollment, 

(C) is suitable in respect of age, 
health and personality to 
occupy the position, and 

(viii) any other requirements prescribed by a 
Director for the health, safety or well- 
being of the children receiving private- 
home day care, are carried out. O. 
Reg. 239/72, s. 4,paH; O. Reg. 148/74, 
s. 16 (2); O. Reg. 380/79, s. 1 (1); 
O. Reg. 380/79, s. 10 (2, 3). 



27. — (1) A provisional licence to establish, operate 
or maintain a day nursery shall be in Form 1. 

(2) A licence to establish, operate or maintain a day 
nursery shall be in Form 2. 

(3) An application for a licence or a renewal thereof 
shall be made to a Director in Form 3 and shall be 
accompanied by such other information as the Directdr 
considers necessar\' to enable the Director to determine 
whether the applicant, if licensed, would be in com- 
pliance with the Act and this Regulation. 

(4) Subject to subsection (5), a licence or a renewal 
thereof expires with the anniversary date on which the 
licence or renewal was issued. 

(5) A Director may issue or renew any licence for 
such period as the Director considers proper, but in no 
case shall the period be for more than one year. 



12 



DAY NURSERIES 



Reg. 235 



(6) The fee payable by an applicant for a licence 
other than a renewal, is $10. 

(7) The fee payable for the renewal of a licence is, 

(a) $5 if the application for the renewal of the 
licence is made on or before the anniversary 
date in the year in which the licence or the 
renewal thereof expires; and 

(b) $25 if the application for the renewal of the 
licence is made after the anniversary date in 
the year in which the licence or the last renew- 
al thereof expires. 

(8) For the purpose of subsection (7), an application 
for the renewal of a licence shall be deemed to have been 
made on the day on which it is received by a Director. 

(9) A licence shall be posted in a conspicuous place in 
a day nursery. O. Reg. 380/79, s. 11. 



HEARINGS 

28. — (1) The notice which a Director is required to 
give to an applicant or licensee under subsection 13 (1) 
of the Act shall be in Form 4. 

(2) The Director shall serve the notice under sub- 
section (1), accompanied by two copies of Form 5, in 
accordance with the provisions of subsection 20 (1) of 
the Act. 

(3) The notice which an applicant or licensee may 
give to the Director and to the Board under subsection 
13 (2) of the Act or subsection 14 (1) of the Act shall be 
in Form 5. O. Reg. 380/79, s. 12. 

29. — (1) The Board shall serve notice on the 
parties to the hearing in Form 6, within fifteen days 
of receiving the notice of the request for the 
hearing in Form 5. O. Reg. 148/74, s. 18. 

(2) The Board shall send the notice under sub- 
section (1) to each party to the hearing by registered 
mail addressed to the party at his address last known 
to the Board. R.R.O. 1970, Reg. 160, s. 18 (2). 

30. — (1) Every approved corporation shall keep 
separate books of account for the day nurseries main- 
tained and operated by it. 

(2) The books of account referred to in subsection 
(1) shall. 



(o) set forth the revenue and expenditures of the 
approved corporation; 

(b) contain a record of money received by the 
approved corporation from sources other than 
under the Act and this Regulation; and 

(c) be audited annually by a licensed public 
accountant who is not a member of the board. 

(3) Every approved corporation shall furnish to a 
Director for the day nurseries maintained and operated 
by it, 

(a) not later than the last day of the fourth month 
following the end of each fiscal year, the com- 
plete financial statement of the day nurseries 
for the immediately preceding fiscal year, 
including a calculation of operating subsidy 
based upon and reconciled with operating 
surplus or deficit, as the case may be, and the 
said operating subsidy shall be compared with 
the subsidy paid by Ontario during the year 
and a calculation made of the balance owing 
by or repayable to Ontario; and 

(b) not later than the last day of the fourth month 
following the end of each fiscal year a report of 
a licensed public accountant stating whether, 
in the accountant's opinion, 

(i) the accountant has received all the 
information and explanations that the 
accountant has required, 

(ii) the financial statement is in accor- 
dance with the books and records of 
the day nurseries, 

(iii) the calculation of the payment of pro- 
vincial aid is in accordance with the 
Regulations, and 

(iv) the financial statement has been pre- 
pared in accordance with generally 
accepted accounting principles applied 
on a basis consistent with that of the 
preceding year; and 

(c) such other financial and statistical informa- 
tion as the Minister may require. 

(4) The fiscal year of an approved corporation is the 
period designated by the Minister as the fiscal year of 
the approved corporation . O . Reg. 3 80/ 7 9 , s . 13, part . 



Reg. 235 



DAY NURSERIES 



13 



Schedule 1 

A. NUMBER OF STAFF REQUIRED FOR A DAY NURSERY OTHER THAN A 

DAY NURSERY FOR HANDICAPPED CHILDREN FIRST LICENSED UNDER THE 
ACT ON OR AFTER THE 1ST DAY OF JANUARY, 1972 



Column 1 


Column 2 


Column 3 


Column 4 


Column 5 


Number of children and 
age group 

i 


Part-day 
Session 


Full-day 
Session 


Part-day Program 
during school year 


Full-day Program 

during vacation 

and holidays 


; Up to 10 children under 
i 18 months of age 


2 


3 






Up to 14 children 18 to 24 
months of age, both inclusive 


2 


3 






Up to 15 children 2 to 4 years 
of age, both inclusive 


2 


3 






16 to 34 children 2 to 4 years 
of age, both inclusive 


3 


4 






35 to 45 children 2 to 4 years 
of age, both inclusive 


4 


5 






Up to 25 children 5 years 
of age 


2 


3 






26 to 35 children 5 years 
of age 


2 


3 






36 to 45 children 5 years 
of age 


2 


4 






Up to 30 children 6 to 9 years 
of age, both inclusive 






2 


3 


30 to 50 children 6 to 9 years 
of age, both inclusive 






3 


4 

1 



NUMBER OF STAFF REQUIRED FOR A DAY NURSERY FOR HANDICAPPED 
CHILDREN FIRST LICENSED UNDER THE ACT ON OR AFTER THE 1ST DAY 

OF JANUARY, 1972 



1 Column 1 

1 


Column 2 


Column 3 


Number of children and age group 


Part-day Session 


1 
Full-day Session 


For every 4 children from 2 to 5 years of age, both 
i inclusive 


1 


1 
1 


For every 3 children from and including 6 years of age to 
18 years of age 


1 1 



O. Reg. 547/71, s. 15, part; O. Reg. 148/74, s. 19. 



14 



DAY NURSERIES 



Reg. 235 



No. 



F orin 1 

Day Nurseries Act 

PROVISIONAL LICENCE TO OPERATE A DAY NURSERY 

Issued 



(date) 
Under the Day Nurseries Act and the regulations, and subject to the limitations therof, this 

licence is granted to 

of the of 

to operate a day nursery under the name of 



at in the 

(street and number or R.R.) 

of in the 

of 

1 . This licence expires on the day of 19 . . 

2. The applicant does not meet the following requirements for issuance/renewal of a licence: 



3. The licence is subject to the following terms and conditions: 



(signature of Director) 



RENEWALS 

(insert renewals in spaces below) 



Licence No is hereby 

renewed subject to any term and condition 

thereon for a period ending 




Licence No is hereby 

renewed subject to any term and condition 

thereon for a period ending 



(signature of Director) 



No. R. 



O. Reg. 380/79, s. 14 (1). 



Reg. 235 



DAY NURSERIES 



15 



No. 



Form 2 

Day Nurseries Act 
LICENCE/RENEWAL OF A LICENCE TO OPERATE A DAY NURSERY 

Issued 



(date) 
Under the Day Nurseries Act and the regulations, and subject to the limitations thereof, this 
licence is granted to 



of the of . 

to operate a day nursery under the name of 



at in the. 

(street and number or R.R.) 

of 



1 . This licence expires on the day of 

2. This licence is subject to the following terms and conditions: 



, 19.... 



(signature of Director) 



RENEWALS 

(insert renewals in spaces below) 



Licence No is hereby 

renewed subject to any term and condition 

thereon for a period ending 



(signature of Director) 



No. R. 



Licence No is hereby 

renewed subject to any term and condition 

thereon for a f)eriod ending 



(signature of Director) 



No. R. 



O. Reg. 380/79, s. 14 (2), part. 



16 



DAY NURSERIES 



(indicate which) 



n New Application 

or 
D Renewal 



Name of Day Nursery 

Address of Day Nursery 

Telephone of Day Nursery 

DAY NURSERY WILL BE OPERATED BY (indicate which) 
D Private operator 



(name and address) 



(telephone) 



n Corporation 



President 



Secretary 



n Municipality or Band 



Signing Officers 



(name of Corporation) 



(telephone) 



(name and address) 



(telephone) 



(name and address) 



(telephone) 



(name and address) 



(telephone) 



(name and address) 



(telephone) 



(name and address) 



(telephone) 
TYPE OF PROGRAM (indicate which) 
O A.M. Ages D under 2 years of age 



D 4 years of age 



Reg. 235 



Form 3 

Day Nurseries Act 
APPLICATION FOR A LICENCE TO OPERATE A DAY NURSERY 
Application is hereby made for a licence to operate a day nursery during the year 



Reg. 235 



DAY NURSERIES 



17 



D P.M. 
D All Day 
Date 



D 2 years of age 
D 3 years of age 



D 5 years of age 
D 6-10 years of age 



Signature of Applicant or 
authorized officers of 
Corporation 



O. Reg. 380/79, s. 14 (2), part. 



Form 4 

Day Nurseries Act 

NOTICE OF INTENTION 



To, 



(name of applicant or licensee) 

Take Notice that pursuant to the authority vested in me under the provisions of section 12 of 
the Day Nurseries Act, I hereby propose to: 

n refuse to issue a licence to you 

D refuse to renew your licence 

D revoke your licence 

to operate a day nursery at 

(street address) 

in the of 

in the of 

under the name of for the 

following reasons : 

And Further Take Notice that under the provisions of subsection 13 (1) of the Day Nurseries Act, you 
have a right to have a hearing of this matter before the Children's Services Review Board which has been 
appointed under section 3 of the Children's Residential Services Act, but in order to obtain such a hearing you 
must within fifteen days of the receipt of this notice, request such a hearing by completing and sending to me and 
to the Children's Services Review Board a request for a hearing in Form 5. 



(date) 



(signature of Director) 



Notes : 



1. E.xtract from the Day Nurseries Act: 

13. — (1) Where a Director proposes under section 12 to refuse to issue a licence or to refuse to 
renew or revoke a licence issued under that section, the Director shall cause notice to 
be served of the Director's proposal together with written reasons therefor, on the 
applicant or the licensee, as the case may be. 

(2) A notice under subsection (1) shall inform the applicant or licensee, as the case may be, 
that the applicant or licensee is entitled to a hearing by the Board if the applicant or 
licensee mails or delivers, within fifteen days, after the notice is served on the applicant 
or licensee, notice in writing to the Director and to the Board, requiring a hearing and 
the applicant or licensee, as the case may be, may so require such a hearing. 



18 DAY NURSERIES Reg. 235 

13. — (3) Where an applicant or licensee does not require a hearing by the Board in accordance with 
subsection (2), the Director may carry out the proposal stated in the Director's notice under 
subsection (1) without a hearing. 

(4) Where an applicant or licensee requires a hearing by the Board in accordance with subsection 
(2), the Board shall appoint a time for and hold the hearing and, at the hearing, may by order 
direct the Director to carry out the Director's proposal or refrain from carrying out the Director's 
proposal and to take such action as the Board considers the Director ought to take in accordance 
with this Act and the regulations, and, for such purposes, the Board may substitute its opinion 
for that of the Director. 

2. Extract from Regulation 235 of Revised Regulations of Ontario, 1980 made under the Day Nurseries Act: 

28. — (1) The notice which a Director is required to give to an applicant or licensee under subsection 13 (1) 
of the Act shall be in Form 4. 



(3) The notice which an applicant or licensee may give to the Director and to the Board under 
subsection 13 (2) of the Act or subsection 14 (1) of the Act shall be in P'orm 5. 

O. Reg. 380/79, s. 14 (2), part. 

Form 5 

Day Nurseries Act 

REQUEST FOR HEARING 

To: A Director appointed for the purposes of 
the Day Nurseries Act 

and 

To: The Chairman of the Children's Services 
Review Board, Legislative Buildings, 
Toronto 

Name of applicant or licensee 

Address of applicant or licensee 

(number) (street or R.R.) 

(city) (town) (village or P.O.) 

(township) (county) 

Take Notice that I hereby request a hearing by the Children's Services Review Board appointed under 
section 3 of the Children's Residential Services Act, in respect of the decision of the Director appointed for the 
purposes of the Day Nurseries Act to: 

n refuse to issue a licence to me 

D refuse to renew my licence 

D revoke my licence 

□ attach terms and conditions to my licence under subsection 11 (2), (4) or (5) of the Act 

to operate a day nursery at 

(street address) 



Reg. 235 



DAY NURSERIES 



19 



in the of. 



in the. 



.of under 



the name of. 



Date 

Signature of Applicant or Licensee . 



Form 6 

Day Nurseries Act 
NOTICE OF HEARING 



To: 



O. Reg. 380/79, s. 14 (2) part. 



(name of applicant or licensee) 



(address of applicant or licensee) 

Take Notice that a hearing will be held by the Children's Services Review Board appointed under section 3 
of the Children's Residential Services Act, in respect of the decision of a Director appointed for the purposes of 
the Day Surseries Act to: 

D refuse to issue a licence to you 

n refuse to renew your licence 

D revoke your licence 

□ attach terms and conditions to your licence under subsection 11 (2), (4) or (S) of the Act 

to operate a day nursery at 

(street address) 

in the of 

in the of under 



the name of. 



And Take Notice that the hearing will be held at o'clock in the noon 

on day the day of 19 

at 

And Further Take Notice that the rules of procedure applicable to the hearing are contained in sections 
1.3 and 14 of the Day Nurseries Act and that in accordance with the said rules of procedure you are a party to the 
hearing and as such are entitled to be represented at the hearing by counsel or by your agent. 

And Further Take Notice that if a party who has been duly notified does not attend at the hearing, 
the Children's Services Review Board may proceed in his absence and he is not entitled to notice of any 
further proceedings. 



(date) 



(signature of Chairman of The 
Children's Services Review Board) 



O. Reg. 380/79, s. 14 (2), part. 



20 



DAY NURSERIES 



Reg. 235 



Form 7 

Day Nurseries Act 
DETERMINATION OF AVAILABLE INCOME 



Name of Parent 
Address 



Telephone Number . 



Names of Children Enrolled in a Day Care Program 



Family Composition 
Children, 16 years and over 
Children 10 to 15 years 
Children to 9 years 
Adults 



Number 



Part 1 



MONTHLY INCOME (ADULTS) 



1 . Net earnings 

2. Boarder revenue 

3. Rental revenue 

4. Family Allowances and Youth Allowances 

5. Pension 

6. Unemployment Insurance or Training Allowances . . 

7. Separation or Alimony Payments 

8. Other (specify) 

9. Monthly Income . 



Reg. 235 DAY NURSERIES 21 

Part II 
MONTHLY BUDGETARY ITEMS (FAMILY) 



10. A monthly amount for ordinary needs determined in accordance with the 
Schedule to Regulation 318 of Revised Regulations of Ontario, 1980 under 
the Family Benefits Act $ . 



1 1 . Special diets 

12. Light 

... ^'i^rxiswoh/. . 

13. Water 

14. Telephone 

15. Household supplies .i. . i ; 

16. Fuel 

17. Sub-Total 

18. Rent 

19. Mortgage payments (Principal and interest) 

20. Property taxes 

21. Debt payments, as approved by the welfare administrator 

22. Travel and transportation 

23. Drugs 

24. Dental services 

25. Optical services 

26. Medical services (premiums or actual cost) 

27. Hospital services (premiums or actual cost) 

28. Other, as approved by the welfare administrator (specify) 



29. Monthly Budgetary Items $ . 

30. Monthly Income less Monthly Budgetary Items (item 9 less item 29) . $ , 

I certify that all of the above information provided by me is correct. 

(date) (signature of parent) 



22 DAY NURSERIES Reg. 235 

Part III 
EXEMPTIONS 

31. Monthly Income less Monthly Budgetary Items (see item 30) $ 

32. Deduct Exemptions : On earnings (item 1 $ x %) $ 

33. On boarder revenue (item 2 $ x 60%) . . 

34. On rental revenue (item 3 $ x 40%). ... 

35. Family Allowances and Youth Allowances (item 4) 

36. Payments or refunds received under section 7 of the 

Income Tax Act 

37. Grants received under section 2 or 7 of the Ontario 

Pensioners Property Tax Assistance Act 

38. Payments received under Orders-in-Council num- 
bered OC-3410/71 and OC-2403/71, or either of 
them, made pursuant to section S of the Ministry 

of Agriculture and Food Act 

39. For contingencies (item 17 $ x 20%) ... 

40. Total Exemptions 



41. Available monthly income (item 31 less item 40) $ , 



(date) (signature of welfare administrator) 

Part IV 

COMPUTATION OF AVAILABLE DAILY INCOME 

42 . Available daily income = Total available monthly income (item 4 1 , above) 2 1 x number of children in family 
enrolled in day-care program 



21 X 



Part V 

CALCULATION OF MONTHLY COST TO THE MUNICIPALITY, 

BAND OR APPROVED CORPORATION 

(FOR USE OF MUNICIPALITY, BAND OR APPROVED CORPORATION) 

43. Total monthly cost of day nursery services or private-home day-care $ 



$ per day x aggregate number of days for all children in the family enrol- 
led in the day-care program $ . 

44. Less: Available daily income (item 42) x days service (see note 1) | . 



Note 1: For the purposes of the calculation in item 44 in Part V, the number of days service should be the 
aggregate number of days service for all children in the family enrolled in the day-care program. 

Form 7, O. Reg. 797/73, s. 1; O. Reg. 1099/80, s. 1. 



Reg. 235 



DAY NURSERIES 



23 



Form 8 

Day Nurseries Act 

APPLICATION FOR DAY CARE (see note 1) 



1. To be provided by. 



(name of day nursery or day-care mother) 



2. On what days of the week is care required ? 

D Monday 
D Tuesday 
D Wednesday 
D Thursday 

3. During what hours is care required ? 



(sponsoring organization) (if any) 

D Friday 
D Saturday 
D Sunday 

a 



p.m. 



to 



a.m. 
p.m. 



4. Child's name. 



(last) 



(first) 



Date of Birth 



Day 



Month 



(middle) 



Year 



Address . 



(number) (street /road) 
5. Name of Parent or Guardian 



(city) 



(zone) 



6. Marital Status of Parent or Guardian 

D Married D Widowed D Divorced D Separated D Single 

7. Telephones 

Residence of Parent or Guardian 

Mother's Employment 

Guardian's Employment 



Father's Employment , 



8. Employment 

Mother 
Father 
Guardian 



Occupation 



Employer 



Address 



24 DAY NURSERIES Reg. 2 35 

9. Brothers and Sisters 

Names Age Sex School Grade 



10. Is there any person other than yourself to whom the child may be released? , 



Medical Information 



11. Child's Physician 

Name 

Address 

Telephone Number. 



12. Does your child have any physical disabilities? 

n Yes (please describe) D No 



13. Does your child have any chronic health problems (such as asthma, allergies, diabetes, etc.)? 
D Yes (please describe) □ No 



14. Does your child have any emotional disorders or behaviour problems? 
D Yes (please describe) D No 



. Has your child had 










Measles 


D 


Yes 


D 


No 


German Measles 


D 


Yes 


n 


No 


Whooping Cough 


D 


Yes 


D 


No 


Chicken Pox 


D 


Yes 


D 


No 


Scarlet Fever 


D 


Yes 


D 


No 



16. Does your child regularly take any medication ? 

D Yes (please describe) D No 



Reg. 235 DAY NURSERIES 25 

17. Dates of Immunizations 

Booster 

Diptheria »j. 

Whooping Cough 

Scarlet Fever 

Has your child had 

Tetanus D Yes (Date) D No 

Measles vaccine D Yes (Date) D No 

18. Signature of Parent or Guardian 



Date 

FOR OFFICE USE ONLY 

Date day care commenced s«n«M« 

Notes : 

1 . Separate application is required for each child. 



2. Where child resides with guardian who is not his parent, give particulars of the guardian instead 
of the parents where indicated in items 6, 7, 8, 9 and 18. 

O. Reg. 239/72, s. 8, part, Form 12. 



Form 9 

Day Nurseries Act 

APPLICATION TO PROVIDE SUPERVISED 
PRIVATE-HOME DAY CARE 



For 


use by Municipality or 


band 


only 




D 


approved 








□ 


not approved 







1 . Name 

(last) (first) (middle) 

2. Address 

(city) (zone) 



3. Application to. 



(name of municipality or band) 



26 



DAY NURSERIES 



Reg. 235 



4. Sponsoring organization, if any. . 

5. Telephone Number 

6. Marital Status 

D Married D Widowed 



n Separated 



n Divorced 



D Single 



7. Date of Birth 



Day 



Month 



Year 



8. If married and living with husband 

What is your husband's name ? 

Occupation Business Telephone . 

9. Others in Household 



Name 



Age 



Sex 



Relationship 



10. What language do you usually speak? 

D English D French D Italian D German 

1 1 . What other languages do you speak ? D None . ,, . ^ 

n English n French D Italian D German 

12. (a) Have you ever been employed outside your home : 

D Yes D No 
(b) If "Yes", what was your occupation? 



Check if home 

during, hours 

care will be 

provided 

D 

D 

D 

D 

D 



13. (a) What is the name of the elementary school closest to your home ? . 



(b) How far away is it ? 

14. Reason(s) for wanting to provide private-home day care: , 



Reg. 235 



DAY NURSERIES 



27 



15. (a) On what days of the week would you be available to provide private-home day care? 
D Monday D Friday 

D Tuesday D Saturday 

n Wednesday D Sunday 

D Thursday 
(b) During what hours of the day would you be able to provide private-home day care? 



Comments: 



16. What are your fees? 



a.m. 
p.m. 



to 



a.m. 
p.m. 



MEDICAL DATA 

17. Do you have any physical disabilities (such as arthritis, deafness, back problems, etc.) ? 

D Yes (please describe) No D 

18. Do you have any chronic health problems (such as epilepsy, asthma, diabetes, heart condition) ? 

D Yes (please describe) D No 

19. Have you been hospitalized in the past year? 

D Yes D No 

If "Yes", for what reason? _ 

For how long ? 

20. (a) When did you have your last chest x-ray or skin test ? 



Month Year 

(6) Was the test negative ? D Yes □ No 

21 . Have you ever provided private-home day care in your home before ? 
D Yes D No 

If "Yes", was this done privately or under the supervision of an agency of a municipality? 
D Privately D Under the supervision of 



28 DAY NURSERIES Reg. 235 

22. Is there a person (such as a neighbor) who could substitute for you if you became ill or had to leave 
the house while you had children under your care ? 

□ Yes D No 

If "Yes", what is the person's, 

Name 

Address Telephone Number 

23. Signature 

Date 

FOR OFFICE USE ONLY 
Date provision of day care commenced 

O. Reg. 239/72, s. 8, part. Form 13. 



Reg. 236 



DEAD ANIMAL DISPOSAL 



29 



REGULATION 236 



under the Dead Animal Disposal Act 



GENERAL 

LICENCES 

1. — (1) An application for a licence to engage 
in the business of a collector shall be in Form 1. 



(2) A licence to engage in 
collector shall be in Form 2. 
161. s.L 



the business of a 
R.R.O. 1970, Reg. 



2. — (1) No person shall transport dead animals 
except in a vehicle for which a marker in Form 3 
has been issued by the Director. 

(2) The Director shall issue a marker in Form 3 
for each vehicle that comphes with this Regula- 
tion and that is operated by the holder of a licence 
in Form 2. 

(3) A marker in Form 3 expires with the 31st 
day of December in its year of issue. 

(4) One marker shall be issued without charge 
to each licensed collector. 

(5) Where a collector uses more than one vehicle, 
the fee for a marker in Form 3 for each additional 
vehicle is $1. R.R.O. 1970, Reg. 161, s. 2. 

3. — (1) An apphcation for a licence to engage in 
the business of an operator of a receiving plant 
shall be in Form 4. 

(2) A licence to engage in the business of an 
operator of a receiving plant shall be in Form 5. 
R.R.O. 1970, Reg. 161, s. 3. 

4. — (1) An application for a licence to engage in 
the business of an operator of a rendering plant 
shall be in Form 6. 

(2) A licence to engage in the business of an 
operator of a rendering plant shall be in Form 7. 
R.R.O. 1970, Reg. 161, s. 4. 

5. — (1) An application for a licence to engage in the 
business of a broker shall be in Form 8. 

(2) A licence to engage in the business of a broker 
shall be in Form 9. O. Reg. 751/73, s. 1. 

6. — (1) The fee for a licence in Form 2 is $10. 

(2) The fee for a licence in Form 5 or 7, 

(a) where the licence is for a period commencing 
on or after the 1st day of January but 



before the 1st day of July in any year, 
is $50 ; and 

(b) where the licence is for a period com- 
mencing on or after the 1st day of July 
in any year, is $25. R.R.O. 1970, Reg. 
161, s. 5(1,2). 

(3) The fee for a licence in Form 9, 

(a) where the licence is for a period com- 
mencing on or after the 1st day of 
January but before the 1st day of July 
in any year, is $ 1 00 ; and 

(b) where the licence is for a period com- 
mencing on or after the 1st day of July 
in any year, is $50. O. Reg. 751/73, s. 2, 
part. 

(4) The fee for a licence in Form 2, 5, 7 or 9 shall 
accompany the application for the licence. 

(5) A licence in Form 2, 5, 7 or 9 expires with the 
31st day of December of the year of issue and is not 
transferable. O. Reg. 751/73, s. 2, part. 



HANDLING OF DEAD ANIMALS 

7. — (1) No person shall transport dead animals 
in a vehicle other than a vehicle, 

(a) equipped with a metal flange at least 
two inches high across the rear of the plat- 
form of the vehicle, so as to prevent leakage 
of liquids ; 

(b) in which the parts that come into contact 
with the animals are constructed of metal 
that is continuous or with welded seams, 
so as to prevent leakage of liquids; 

(c) of which the sides and ends of the plat- 
form are at least two feet high ; and 

(d) in which the marker issued by the Director 
is affixed on the inside of the windshield 
or other location where it is protected 
against weathering and is clearly visible 
to persons outside the vehicle. O. Reg. 
751/73, s. 4. 



30 



DEAD ANIMAL DISPOSAL 



Reg. 236 



(2) The collector shall remove the marker from 
the vehicle within ten days after, 

(a) ceasing to use the vehicle ; or 

(b) the 1st day of January of the year following 
the year of issue. R.R.O. 1970, Reg. 161, 

s. 7 (2). 

8. — (1) No person shall transport dead animals 
without covering them by tarpaulin or other means. 

(2) No person shall transport dead animals in a 
vehicle in which food for human consumption is 
being transported. R.R.O. 1970, Reg. 161, s. 8 (1,2). 

(3) No collector shall transport dead animals 
in a vehicle in which a live animal is being trans- 
ported. 

(4) A collector shall deliver a dead animal as 
soon as practicable to a receiving plant or rendering 
plant but not more than twenty-four hours after 
the animal is collected. O. Reg. 751/73, s. 5. 

9. — (1) No person shall construct or acquire 
premises for use as a receiving or rendering plant 
without, 

(a) notifying the Director of his intention; 
and 

(6) furnishing the Director with a copy of the 
plan or specifications of the premises 
proposed to be used or constructed. 

(2) A receiving plant or rendering plant shall, 

(a) be located in a place free from conditions 
that might injuriously affect the sanitary 
operation of the plant ; and 

(b) be constructed and finished in such a 
manner that the plant is capable of being 
maintained in a sanitary condition. R.R.O. 
1970, Reg. 161, s. 9. 

10. All liquid waste and drainage from the opera- 
tion of a receiving plant or rendering plant shall be 
disposed of in a sanitary manner. O. Reg. 751/73, 
s. 6, part. 

11. Every practicable precaution shall be taken to 
maintain receiving plants and rendering plants free of 
flies, rats, mice and other vermin. O. Reg. 751/73, 
s. 6, part. 

12. The yards of a receiving plant or rendering 
plant shall be maintained in a clean condition. 
O. Reg. 751/73, s. 6, part. 

13. No person shall permit, 

(a) a dog or cat to be in a receiving plant 
or a rendering plant ; or 



(b) a dead animal to be kept on the yards 
of a receiving plant or a rendering plant. 
O. Reg. 751/73, s. 6, part. 

14. On deliver>' of dead animals or parts thereof 
to a receiving or rendering plant, the vehicle or 
container used in the delivery shall be thoroughly 
cleaned and, where the cleaning is not followed 
by a steam process, shall be disinfected so that all 
disease-producing organisms are destroyed before 
the vehicle or container leaves the premises of the 
plant. R.R.O. 1970, Reg. 161, s. 10. 

15. Every plant shall have available a supply of 
potable hot and cold water adequate for the efficient 
operation of the plant. O. Reg. 751/73, s. 7. 

16. Every plant shall be equipped with accommo- 
dation for washing and dressing for employees. 
R.R.O. 1970, Reg. 161, s. 12. 

17. Every receiving plant shall have one or more 
buildings and shall have adequate rooms for, 

(a) receiving and processing of dead animals; 
{b) refrigeration of meats in storage; and 

(c) holding of offal and any parts of the dead 
animals for disposal. R.R.O. 1970, Reg. 
161, s. 13. 

18. — (1) All entrails, bones, waste meat and refuse 
of dead animals, other than contents of the digestive 
tract, shall, 

(a) at a receiving plant, be disposed of by, 

(i) delivery to a rendering plant, or 

(ii) burying with a covering of at least 
two feet of earth ; and 

(b) at a rendering plant, 

(i) be sterilized by means of heat, or 

(ii) be disposed of by burying with a 
covering of at least two feet of 
earth. R.R.O. 1970, Reg. 161, 
s. 14 (1); O. Reg. 751/73, s. 8. 

(2) The contents of the digestive tracts of dead 
animals at a receiving plant or rendering plant 
shall be disposed of in a sanitary manner. 

(3) Except as provided in this Regulation, no 
person shall take delivery of, receive or process 
the entrails, bones, waste meat or refuse of dead 
animals unless such entrails, bones, waste meat or 
refuse have been sterilized by means of heat at a 
rendering plant. R.R.O. 1970, Reg. 161, s. 14 (2,3). 



Reg. 236 



DEAD ANIMAL DISPOSAL 



31 



19. \o person shall advertise for dead animals 
or fallen animals unless he is the holder of a licence 
as a collector. O. Reg. 751/73, s. 9. 

20. — (1) At a receiving plant or rendering plant, 
all meat obtained from a dead animal shall be 
cut into portions weighing less than ten pounds 
and for purposes of identification shall, 

(a) be denatured by applying powdered char- 
coal to all surfaces of the meat in a 
sufficient quantity so that the application 
of more charcoal will not further affect 
the colour of the surfaces; and 

{b) be packaged in containers that are legibly 
marked with the words "NOT FOR 
HUMAN CONSUMPTION" in letters at 
least three-quarters of an inch in height, 

(i) on each side where the container has 
four sides, and 

(ii) in at least four places where the 
container does not have four sides. 

(2) Every container in which meat obtained 
from a dead animal is packaged shall have an 
exterior surface sufficiently absorbent so that the 
marking "NOT FOR HUMAN CONSUMPTION" 
will not become illegible during handling, storage 
or transportation of the container. 

(3) Subsection (1) does not apply to the storing 
at a receiving plant or rendering plant of meat 
obtained from a dead animal, 

(a) where the operator thereof is the holder of a 
licence under the Fur Farms Act and uses the 
meat for no purpose other than, 

(i) to manufacture the meat, with 
additives, into food for his fur- 
bearing animals or for the fur- 
bearing animals of another person 
licensed under the Fur Farms Act; 
or 

(ii) to feed the meat to his fur-bearing 
animals; or 

(b) where, in the case of a rendering plant, 
the meat is sterilized by means of heat, 

if the meat is manufactured, fed or sterilized by 
means of heat as soon as possible but not more 
than seventy-two hours after the dead animal is 
delivered to the plant. O. Reg. 751/73, s. 10, 
part. 

21. No person shall, 

(a) freeze or store at a receiving plant or a 
rendering plant ; 



(6) sell, offer for sale, transport, deliver or 
supply to any person or otherwise dis- 
pose of ; or 

(c) take delivery of, receive or process, 

meat obtained from a dead animal unless ?uch meat 
has been treated for purposes of identification or 
processed in the manner prescribed in this Regula- 
tion. O. Reg. 751/73, s. 10, part. 

22. At a receiving plant or rendering plant, 
every carcass of a dead animal, other than a 
carcass the meat of which is to be sterilized by 
means of heat at a rendering plant, shall be boned 
out within seventy-two hours after it is delivered 
to the plant. O. Reg. 751/73, s. 10, part. 

23. Where a broker, prior to reselling meat 
from a dead animal, alters the form thereof in any 
way that reduces or eliminates the colour of the 
surface resulting from the denaturing of the meat 
by the application of powdered charcoal in accord- 
ance with clause 20 (1) (a), the broker shall, 

(a) further denature the meat in the manner and 
to the extent prescribed by the said clause (a); 
and 

it) repackage the meat in accordance with 
clause 20 (1)0). O. Reg. 751/73, s. 10, part. 

24. — (1) The record required to be made and kept 
by a collector shall be completed legibly in Form 10 at 
the time he makes a collection of dead animals. 

(2) F'orm 10 shall be kept in the vehicle in which any 
animal to which the record pertains is being trans- 
ported. R.R.O. 1970, Reg. 161, s. 17. 

25. The record required to be kept by the operator 
of a receiving plant or a rendering plant. 



(a) in respect of dead animals he receives shall be 
completed legibly in Form 11; and 

(b) in respect of the disposal of dead animals 
shall be completed legibly in Form 12. 
R.R.O. 1970, Reg. 161, s. 18. 

26. The record required to be made and kept 
by a broker in respect of the receipt and disposal 
of meat from dead animals shall be completed 
legibly in Form 13. O. Reg. 751/73, s. 11, part. 

27. Where an inspector inspects any vehicle used 
in the transportation of dead animals or any 
receiving or rendering plant, he shall make a report 
to the Director showing the conditions found 
upon inspection. R.R.O. 1970, Reg. 161, s. 19. 

28. — (1) Where an inspector seizes a dead animal or 
meat therefrom under clause 15 (3) (c) of the Act, he 
shall. 



32 



DEAD ANIMAL DISPOSAL 



Reg. 236 



(a) attach thereto a red tag bearing a serial 
number and the words "Ont. Detained"; 

(b) forthwith thereafter notify the owner or 
the person who had possession thereof 
in writing of, 

(i) the seizure, and 

(ii) the grounds on which he beUeves that 
there is a contravention of the Act or 
this Regulation in respect thereof; and 

(c) direct that such dead animal or meat be 
detained in the place where it was found 
or be removed to another place designated 
by him. 

(2) Where an inspector is satisfied, 

(a) that the owner of the dead animal or 
meat that is under seizure complies with; 
or 

{b) that such dead animal or meat has been 
made to comply with, 

the Act or this Regulation in respect thereof, he 
shall remove the tag and release the dead animal 
or meat from the seizure. 

(3) Where, after a hearing, the Director finds 
that there is a contravention of the Act or this 
Regulation by the owner or person who has 
possession of a dead animal or meat that is under 
seizure, the Director may direct that such dead 
animal or meat be destroyed or otherwise disposed 
of in such manner as he considers advisable. 

(4) Where a person is convicted of an offence 
against the Act or this Regulation in respect of a 
dead animal or meat that is under seizure, the 
Director may direct that such dead animal or 
meat be destroyed or otherwise disposed of in 
such manner as he considers advisable. 

(5) The proceeds, if any, realized from the 
disposal of a dead animal or meat under sub- 
section (3) or (4) shall be paid to the Treasurer of 
Ontario. 

(6) Where a dead animal or meat therefrom is 
under seizure, no person shall, 

(a) remove the tag bearing the words "Ont. 
Detained"; or 

(b) sell, offer to sell, move, allow or cause 
to be moved, receive or process such dead 
animal or meat. O. Reg. 751/73, s. 11, 
part. 



Form 1 

Dead Animal Disposal Act 

APPLICATION FOR LICENCE AS COLLECTOR 

To the Director, Veterinary Services Branch, 

Legislative Buildings, 

Toronto. 



(name of applicant) 

(address) 

carrying on business as 

applies for a licence as a collector under the Dead 
Animal Disposal Act and the regulations, and in 
support of this application the following facts are 
stated : 



1 . Business address of applicant . 



2. Number of vehicles operated by or for 
applicant in the collection of dead animals 

3. Names of counties, etc. or parts thereof in 
which dead animals are collected 

4. Names of receiving plants and rendering 
plants to which dead animals are usually 
delivered 



I undertake to furnish to the Director, Veterinary 
Services Branch details of any changes from the 
facts given in this application within fifteen days 
of the date the changes are made. 



Dated at. 
19.... 



, , this .... day of . 



(signature of applicant) 
(title of official signing) 
R.R.O. 1970, Reg. 161, Form 1. 



Reg. 236 



DEAD ANIMAL DISPOSAL 



33 



Form 2 

Dead Animal Disposal Act 
LICENCE AS COLLECTOR 
Licence No. 



Under the Dead Animal Disposal Act and the 
regulations, and subject to the limitations thereof, 
this licence is issued to 



(name) 



(address) 

carrying on business as 

I to engage in the business of collecting dead animals. 



This licence expires with the 31st day of 
December, 19 



Issued at Toronto, this. . . .day of. 
19.... 



(Director, Veterinary Services 
Branch) 

R.R.O. 1970, Reg. 161, Form 2. 



Form 3 

Dead Animal Disposal Act 



No. 



Year. 



This marker issued to 



(name) 

Collector Licence Number. 

Veterinary Services Branch, 
Ministr>' of Agriculture and Food. 



R.R.O. 1970, Reg. 161, Form 3. 



Form 4 

Dead Animal Disposal Act 

APPLICATION FOR LICENCE FOR THE 
OPERATION OF A RECEIVING PLANT 

To The Director, Veterinary Services Branch, 

Legislative Buildings, 

Toronto. 



(name of applicant) 



(address) 



carrying on business as 

applies for a licence to engage in the business of an 
operator of a receiving plant under the Dead 
Animal Disposal Act, and in support of this 
application the following facts are stated: 



1 . Business address of applicant . 

2. Location of receiving plant . . 

3. Owner of receiving plant . 



(if partnership, list 



names of all partners) 
4. Does the applicant engage in the business of 
collecting dead animals ? 



I undertake to furnish to the Director, Veterinary 
Services Branch, details of any changes from the 
facts given in this application within fifteen days 
of the date the changes are made. 



Dated at. 
19.... 



. , this .... day of . 



(signature of applicant) 



(title of official signing) 



R.R.O. 1970, Reg. 161, Form 4. 



34 



DEAD ANIMAL DISPOSAL 



Reg. 236 



Form 5 

Dead Animal Disposal Act 

LICENCE FOR THE OPERATION OF 
RECEIVING PLANT 

Licence No 



Under the Dead Animal Disposal Act and the 
regulations, and subject to the limitations thereof, 
this licenceis issued to 



(name) 

(address) 

carrying on business as 

to engage in the business of operating a receiving 

plant at 

(location) 

This licence expires with the 31st day of 

December, 19. . . . 

Issued at Toronto, this day of , 19 ... . 



(Director, Veterinary Services 
Branch) 

R.R.O. 1970, Reg. 161, Form 5. 



Form 6 

Dead Animal Disposal Act 

APPLICATION FOR LICENCE FOR THE 
OPERATION OF A RENDERING PLANT 

To The Director, Veterinary Services Branch, 

Legislative Buildings, 

Toronto. 

(name of applicant) 

(address) 

carrying on business as 

applies for a licence to engage in the business of an 
operator of a rendering plant under the Deaa 
Animal Disposal Act, and in support of this 
application the following facts are stated : 

1 . Business address of appHcant 

2. Location of rendering plant 



3. Owner of rendering plant . 



(if partnership, list 



names of all partners) 

4. Does the applicant engage in the business of 

collecting dead animals ? 

I undertake to furnish to the Director, Veterinary 
Services Branch details of any changes from the 
facts given in this application within fifteen days 
of the date the changes are made. 



Dated at , this . 

19.... 



. day of . 



(signature of applicant) 

(title of official signing) 
R.R.O. 1970, Reg. 161, Form 6. 

Form 7 

Dead Animal Disposal Act 

LICENCE FOR THE OPERATION OF 
RENDERING PLANT 

Licence No 



Under the Dead Animal Disposal Act and the 
regulations, and subject to the limitations thereof, 
this licence is issued to 



(name) 



(address) 

carrying on business as 

to engage in the business of operating a rendering 



plant at. 



(location) 

This licence expires with the 31st day of 
December, 19. . . . 
Issued at Toronto, this day of , 19 . . 



(Director, Veterinary Services 
Branch) 

R.R.O. 1970, Reg. 161, Form 7. 



Reg. 236 



DEAD ANIMAL DISPOSAL 



35 



Form 8 

Dead Animal Disposal Act 

APPLICATION FOR LICENCE AS BROKER 

To The Director, Veterinary 

Services Branch, 
Ministry of Agriculture and Food, 
Legislative Buildings, 
Toronto. 

(name of applicant) 

(address) 
applies for a licence to engage in the business of a 
broker under the Dead Animal Disposal Act and 
the regulations and, in support of this application, 
the following facts are stated : 

1. Name under which business is carried on 

2. Business address 

3. Location of facilities, if any, in which meat 
obtained from dead animals is stored 

4. Owner of such storage facilities 

(name) 

(address) 

5. Names of receiving plants and rendering plants 
from which meat is usually purchased 



facts given in this apphcation within fifteen days 
of the date the changes are made. 



Dated at this. 

19.... 



. day of 



19. 



(signature of applicant) 

(title of official signing) 
O. Reg. 751/73, s. 13, part. 

Form 9 

Dead Animal Disposal Act 
LICENCE AS BROKER 

Licence No 



I undertake to furnish to the Director, Veterinary 
Services Branch, details of any changes from the 



Under the Dead Animal Disposal Act and the regu- 
lations, and subject to the limitations thereof, this 
licence is issued to 



(name) 

(address) 

carrying on business as 

to engage in the business of a broker. 

This licence expires with the 31st day of 
December, 1973. . . . 

Issued at Toronto, this day of 

19.... 



Director, Veterinary Services 
Branch 

O. Reg. 751/73, s. 13, part. 



36 



DEAD ANIMAL DISPOSAL 



Reg. 236 



Form 10 
Dead Animal Disposal Act 
COLLECTOR'S RECORD OF COLLECTION OF DEAD ANIMALS 



Name of Collector . . . 
Address of Collector. 



Dead Animals 
Collected From 



Date of 
Collection 



Kind, No. and Approximate 
Weight of Dead Animals Collected 



Plant to which Dead Animals 
are Delivered 



I 



Name 



Address 



Kind 



No. 



Approx. Wgt. 



Name 



Address 



R.R.O. 1970, Reg, 161, Form 8. 



Reg. 236 



DEAD ANIMAL DISPOSAL 



37 



Form 11 

Dead Animal Disposal Act 

RECEIVING PLANT OR RENDERING PLANT OPERATOR'S RECORD OF 
DEAD ANIMALS RECEIVED 



Name of Operator. . 
Address of Operator. 



Dead Animals Delivered By 



Name of Collector 



Licence No. 



Date of 
Delivery 



Kind, No. and Approx. Weight 
of Dead Animals Received 



Kind 



No. 



Approx. Weight 



R.R.O. 1970, Reg. 161, Form 9. 



38 



DEAD ANIMAL DISPOSAL 



Reg. 236 



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Reg. 236 



DEAD ANIMAL DISPOSAL 



39 



Form 13 

Dead Animal Disposal Act 
BROKERS RECORD OF MEAT RECEIVED AND DISPOSAL OF MEAT 

Name of Broker 

Address 



Date 


Received 
from 

(Name) 


Sold to 

(Name) 


Address 


MEAT 

(Weight 

in 
Pounds) 


OFFAL 


Meat Held 
(in Pounds) 


Offal Held 
(in Pounds) 


(Weight 

in 
Pounds) 



















O. Reg. 751/73, s. 13, part. 



Reg. 237 



DENTAL TECHNICIANS 



41 



REGULATION 237 



under the Dental Technicians Act 



GENERAL 

1. — (1) A dental technician may be admitted to 
carry on business in Ontario if, 

(a) he is of the full age of eighteen years; 

(b) he has successfully completed Grade 12 
in Ontario or its equivalent in another 
jurisdiction; 

(c) he has, 

(i) served in Ontario as a dental tech- 
nician in the employment of a dentist 
or a dental technician for a jjeriod of 
at least four years, or 

(ii) successfully completed an approved 
program in dental technology at a 
College of Applied Arts and Tech- 
nology of Ontario and has served 
one year under the supervision of a 
dentist or a registered dental tech- 
nician ; 

(d) he has passed the examinations of the 
Board; and 

(e) he has paid the registration fees within one 
year of successful completion of the Board 
examinations. R.R.O. 1970, Reg. 162, 
s. 1 (1);0. Reg. 490/75, s. 1. 

(2) The service referred to in clause (1) (c) may have 
been performed outside Ontario while the applicant 
was a member of the Canadian Forces. R.R.O. 
1970, Reg. 162, s. 1 (2). 

2. — (1) An applicant for registration shall give 
notice in Form 3 to the secretary-treasurer at 
least one month before the date of the next 
examination. R.R.O. 1970, Reg. 162, s. 2 (1). 

(2) A notice referred to in subsection (1) shall be 
accompanied by an examination fee of $100. 
O. Reg. 490/75, s. 2. 

3. — (1) The secretary-treasurer, shall register 
every dental technician who is eligible for regis- 
tration, applies in Form 3 and pays a registration 
fee of $100. O. Reg. 490/75, s. 3. 

(2) Upon registering a dental technician, the 
secretary-treasurer shall issue to the dental techni- 
cian a certificate of registration in Form 1. R.R.O. 
1970, Reg. 162, s. 3 (2). 



4. — (1) A certificate of registration expires if the 
renewal fee of $100 is not paid on or before the last 
day of February in the year following the year in 
which it was issued or last renewed. O. Reg. 
490/75,5.4. 

(2) When a certificate of registration expires, the 
secretary-treasurer shall strike the name of the 
former holder of the certificate from the register. 
R.R.O. 1970. Reg. 162, s. 4 (2). 

5. Where a registration has not been renewed and 
not more than two consecutive years have passed 
since the expiration of the registration, the secretary- 
treasurer shall re-register the dental technician, 

(a) upon application for re-registration in 
Form 2 ; and 

(b) up)on payment of a re-registration fee of 
$110. O.Reg. 490/75, s. 5. 

6. — (1) The Board shall appoint a committee of 
examiners composed of not less than two dental 
technicians and one dentist who shall have charge of 
the annual examinations at Toronto of appUcants 
for registration. 

(2) The committee of examiners shall conduct 
annual examinations at a time or times that the 
Board shall direct and the examinations shall 
consist of a practical test in the work ordinarily 
performed by a dental technician and other written 
or oral examinations on dental technology. R.R.O. 
1970, Reg. 162, s. 6. 

7. — (1) Every member of the Board, 

(fl) shall be paid a fee of $100 together with his 
reasonable travelling and hotel expenses for 
each day or portion of a day while engaged in 
attending a meeting of the Board; 

(b) appointed to investigate any complaint under 
clause 3 ( 1) (g) of the Act or to assist in the 
conducting of any prosecution shall be paid 
his reasonable travelling and hotel expenses 
and such fee as is reasonable not exceeding 
$100 a day. 

(2) Every examiner appointed under section 6 shall 
be paid a fee of, 

(o) $100 for each day of the examination; and 



42 



DENTAL TECHNICIANS 



Reg. 237 



ib) $100 for each day or part of a day while 
attending a meeting of the committee of 
examiners, 

but not to exceed $400 for each annual examina- 
tion. O. Reg. 244/80, s. 1. 



DISCIPLINE AND ETHICS 

8. — (1) No dental technician shall, 

(a) advertise himself as a dental technician 
by written or any other advertisement 
otherwise than by, 

(i) mail to the dental profession, or 

(ii) publishing in a journal or other 
publication exclusively devoted to 
dental surgery or dental technique, 
or both, or in a printed publication 
circulated exclusively among den- 
tists or physicians or dental techni- 
cians, an announcement or card 
giving his name, qualifications, 
address, specialties, if any, business 
hours and telephone number; 

(b) advertise or cause to be advertised the 
prices or terms of payment for his work or 
products as a dental technician, except 
to quote or state upon a bona fide request 
therefor, the prices or terms to any 
legally qualified medical practitioner, any 
person licensed under Part II of the Health 
Disciplines Act or any registered dental tech- 
nician; 

(c) use in the manufacture or repair of oral 
prosthetic devices, materials other than 
those prescribed by the dentist or physi- 
cian for whom the work is being performed ; 

(d) directly or indirectly advertise expressly 
or by implication that he, 

(i) gives consultations, 

(ii) gives free service, 

(iii) grants premiums, 

(iv) grants rebates, discounts or re- 
ductions, or 

(v) promises the rett'.rn or refunding of 
money paid for services rendered by 
him as a dental technician; 

(e) in any advertising make any mention or 
claim with respect to the time of service 
or the speed with which any service is to 
be rendered; or 



(/) carry on the business of dental technician 
otherwise than in accordance with the 
provisions of the Act and of Part II of the 
Health Disciplines Act. 

(2) A dental technician who contravenes any of the 
provisions of subsection (1) is guilty of misconduct. 
R.R.O. 1970, Reg. 162, s. 8. 

9. — (1) The Board may cancel or may suspend 
for such time and upon such terms and conditions 
as it considers proper the registration of any person 
whom after a hearing it finds to be guilty of mis- 
conduct or to have been incompetent and, in addition 
to or as an alternative for such cancellation or 
suspension, the Board may assess against and recover 
from such person the expense or part of the expense 
incurred by the Board in the investigation and 
the hearing, up to a maximum of $100. 

(2) At least ten days before the date fixed for the 
hearing the Board shall give to the registered dental 
technician by personal service, 

(a) a written notice of the time and place fixed 
for the hearing ; and 

(b) a written statement of particulars of the 
misconduct or incompetence alleged by the 
Board and a copy of any complaint in 
writing. 

(3) The person against whom the complaint has 
been made is entitled to attend and answer the com- 
plaint and to be represented by counsel at the 
hearing but, where he does not attend, the Board 
may proceed in his absence. 

(4) The Board may employ such legal and other 
assistance as it considers necessary for the purpose 
of the investigation or hearing. R.R.O. 1970, 
Reg. 162, s. 9. 

Form 1 

Dental Technicians Act 

CERTIFICATE OF REGISTRATION 

No Date 

This Is To Certify that 

of the 

in the is a Registered 

Dental Technician for the year 19. . . . 



Secretary-Treasurer of the 
Governing Board of Dental 
Technicians 

R.R.O. 1970, Reg. 162, Form 1., 



Reg. 237 



DENTAL TECHNICIANS 



43 



Form 2 
Dental Technicians Act 
APPLICATION FOR REREGISTRATION 
1. I 



(print name in full) 



of the. 



(print full postal business address) 

hereby apply to the Board for the restoration 
of my name to the register of dental technicians. 

2. I enclosed a re- registration fee of $110. 

Dated at this day of 

19.... 



(signature of applicant) 



R.R.O. 1970, Reg. 162, Form 2; O. Reg. 490/75, 

s.7(l). 



Form 3 

Dental Technicians Act 

APPLICATION FOR EXAMINATION 
AND REGISTRATION 

1.1, 



(print name in full) 



of. 



(address in full) 
Telephone Number . 



hereby make apphcation to the Governing 
Board of Dental Technicians for the next 
examination to be conducted by the Board, 
and, if successful at such examination, for 
registration as a dental technician. 

2. Attached to this application are the following: 

i. Proof that I am of the full age of eighteen 
years as appears by certificate (birth, bap- 
tism, etc.). 

ii. Proof of completion of Graflc 12 in Ontario or 
the equivalent in another jurisdiction. 

iii. Proof of serxice within Ontario as a dental 
technician under the supervision of a dentist 
or a registered dental technician for a 
minimum period of four years ; or proof of 
successful completion of an approved pro- 
gram at a College of Applied Arts and 
Technology of Ontario and one year of 
service under the supervision of a registered 
dental technician. 

iv. Cheque payable to the Governing Board of 
Dental Technicians in the sum of $100. 

V. Two character references. 

vi. A recent photograph, passport size. 

If 1 obtain pass standing at the examination I 
shall remit forthwith to the Board my registration 
fee of $ 100 after receiving notification from the Board. 



Dated at this. 

19.... 



.day of. 



(signature of applicant) 
O. Reg. 490/75, s. 7 (2). 



Reg. 238 



DENTURE THERAPISTS 



45 



REGULATION 238 

under the Denture Therapists Act 



GENERAL 

1. — (1) The following licence is prescribed: 

1. A licence for the practice of denture 
therapy. O. Reg. 42/75, s. 1 (1); O. Reg. 
245/80. s. 1 (1). 

(2) A licence for the practice of denture therapy 
shall be in Form 1. O. Reg. 42/75, s. 1 (2). 

2. — (1) The requirements and qualifications for the 
issuing of a licence to an applicant to practise denture 
therapy are, 

(a) submission of a completed application for a 
licence to practise denture therapy in a form 
supplied by the Registrar; 

(b) one of, 

(i) a diploma in denture therapy from a 
College of Applied Arts and Technol- 
ogy in Ontario based upon successful 
completion of a program of studies in 
denture therapy that, 

(A) was taken wholly at the College 
issuing the diploma, 

(B) was approved by the Board, 
and 

(C) the applicant completed two 
years or less immediatel\' before 
submitting his application, or 

(ii) successful completion of a program of 
studies in denture therapy outside 
Ontario that the Board considers to be 
equivalent to the program of studies 
referred to in subclause (i); 

(c) successful completion of the licensing exami- 
nations of George Brown- College of Applied 
Arts and Technology and compliance with all 
requirements associated with those examina- 
tions, except for an applicant, 

(i) who complies with subclause (b) (i), 
and 

(ii) whose diploma is from George Brown 
College of Applied Arts and Technol- 
ogy; 



(d) successful completion of the examinations if 
any, set or approved by the Board and pay- 
ment of the fee prescribed in section 5; 

(e) Canadian citizenship, or an immigrant or 
employment visa under the Immigration Act, 
1976 (Canada); 

(/) reasonable fluency in the English or French 
language; 

(g) evidence that there has been no finding of, 
and there are no current proceedings involv- 
ing an allegation of, professional misconduct, 
incompetence or being incapacitated, or any 
like finding or proceeding, in respect of the 
applicant's practice of a profession in any 
jurisdiction where the applicant has practised 
a profession; 

(//) payment of the licence fee prescribed in sub- 
section 3(1); and 

a ) payment of the fee prescribed in subsection 3 
(2) for entry in the register. 

(2) It is a requirement for the issuing of a licence to 
an applicant who seeks to qualify under subclause {b) 
(ii) that the applicant shall submit in person his orig- 
inal diploma for inspection by the Registrar. O. Reg. 

245/80, s. 2. 

3. — (1) The fee for a licence to practise denture 
therapy is $175. 

(2) The fee for entry in a register referred to in sub- 
section 4 (5) of the Act is .SIO. 

(3) The annual fee payable by a licensee is $175 and is 
due and payable on or before the anniversary date of the 
issuance of the licence. O. Reg. 245/80, s. 3. 

(4) The Registrar shall send to every licensee at 
least one month before the anniversary date of the 
issuance of the licence, a notice respecting the 
required payment of annual fees. O. Reg. 42/75, 

s.3(4). 

4. — (1) A person whose licence has been cancelled 
by the Registrar for non-payment of the annual 
fee may make application to have his licence 
reissued upon payment of all outstanding fees 
together with a penalty fee of $25 provided that not 
more than two years have elapsed from the date 
of the cancellation of the licence. 



46 



DENTURE THERAPISTS 



Reg. 238 



(2) A denture therapist whose licence has been 
suspended shall pay all outstanding fees or any 
penalties imposed by the Discipline Committee 
prior to resuming the practice of denture therapy. 
O. Reg. 42/75,5.4. 

5. The fee for entry to licensing examinations set or 
approved by the Board is $350. O. Reg. 245/80, s. 4. 

6. — (1) A denture therapist shall not practise 
denture therapy where there is a conflict of interest. 

(2) It is a conflict of interest for a denture 
therapist to, 

(a) use without reasonable payment any prem- 
ises or equipment provided by a person who 
stands to gain financially from the pre- 
scribing of denture therapy materials or 
equipment by the denture therapist; 

(b) share fees with any person who has 
referred a patient or receive fees from any 
person to whom the denture therapist has 
referred the patient or to engage in any form 
of fee sharing, rebates or other indirect 
remuneration ; 

(c) engage in the practice of denture therapy 
with any person or corporation other than, 

(i) with a denture therapist who is 
'. engaged in the practice of denture 

therapy, 

(ii) with a legally qualified dental 
surgeon who is engaged in the 
practice of dentistry, or 

(iii) as an employee or agent of a 
municipal or other government, 
agency of such government, univer- 
sity or hospital ; 

(d) charge or receive for a prosthetic appliance 
payment in excess of the commercial 
laboratory costs incurred by the denture 
therapist in the provision of the service 
provided by the denture therapist; or 

(e) own or have any proprietary interest in a 
commercial dental laboratory. O. Reg. 

42/75, s. 6(1,2). 

(3) For the purpose of this section, "commercial 
dental laboratory" means a laboratory operated 
by a registered dental technician or a corporation 
wherein prosthetic devices are fabricated on the 
prescription of a dentist but does not include 
premises wherein prosthetic devices are fabricated 
by a denture therapist for his own patients. 
O.Reg. 42/75, s. 6(4). 

7. For the purposes of the Act, "professional 
misconduct" means. 



1. failure by a licensee to abide by the 
terms, conditions or limitations of his 
licence ; 

2. failure to maintain the records that are 
required to be kept respecting the licensee's 
patients ; 

3. failure to issue a receipt or statement to 
a patient or to a third party responsible 
for the payment of an account that does 
not itemize the service provided and the 
fees therefor; 

4. exceeding the lawful scope of practice; 

5. having a conflict of interest ; 

6. using, 

i. terms, titles or designations other 
than those authorized or prescribed 
by this Regulation, or 

ii. the words "clinic", "dental centre", 
or any other form of dental group 
designation ; 

7. failure to refer to a dental surgeon or a 
physician a patient who has an intra oral 
condition that is not normal that is 
detected, or ought to have been detected; 

8. assisting or counselling a person who is 
not licensed as a denture therapist to 
engage in the practice of denture therapy 
except as provided for under subsection 3 (2) 
of the Act; 

9. using or knowingly permitting the use of 
any description or designation of a denture 
therapist other than as a denture therapist 
except for any academic degrees, titles or 
entitlements that are not related to the 
practice of dentistry ; 

10. the contravention of any provisions of the 
Act or the regulations ; 

1 1 . publishing, displaying, distributing or using 
or permitting, directly or indirectly, the 
publishing, display, distribution or use of 
any advertisement related to the practice 
of denture therapy other than, 

i. professional cards that contain only 
the name of the licensee, a voca- 
tional designation, the licensee's 
address, academic degrees, except 
those that are related to the practice 
of dentistry, telephone number and 
office hours, 

ii. an announcement in a newspaper or a 
weekly or monthly periodical that does 
not contain more than the information 



Reg. 238 



DENTURE THERAPISTS 



47 



contained in an announcement card, 
and 

A. does not exceed two standard 
newspaper columns in width 
and five centimetres in depth, 
including the margins, 

B. is not part of an advertisement 
containing references to dental 
equipment or to prosthetic 
appliances, and 

C. does not appear more than 
once in any issue of the news- 
paper or periodical, 

iii. appointment cards that do not 
contain more than the information 
contained in a professional card 
and the time and date of the 
appointment or appointments, 

iv. reminder notices to patients, 

V. announcement cards that do not 
state more than the information 
contained in a professional card 
and an announcement of the com- 
mencement of the practice of the 
denture therapist, a change of loca- 
tion or a new association in practice, 

vi. one exterior sign or, where there are no 
door plates or building-directory list- 
ings, not more than two exterior signs 
stating his name and his vocational 
designation, which signs shall be on 
the premises where the denture 
therapist practises, provided that, 

A. only one sign may be a sus- 
pended sign, 

B. only one sign may be illumi- 
nated, and the sign shall not be 
an intermittent or neon type, 

C. the maximum size of the letters 
used in the sign shall not 
exceed ten centimetres in 
height, 

D. words designating office hours 
may be added to the sign in 
letters not more than five cen- 
timetres in height, 

E. where an entrance is difficult 
to find, the words "Entrance 
on" may be added to the sign. 



vii. door plates and listings on building 
directories on the premises where the 
licensee is engaged in the practice of 
denture therapy that contain no more 
than the name of the licensee, a voca- 
tional designation and academic 
degrees other than those that are 
related to the practice of dentistrv' and 
such listings shall be no greater in 
number than that which is required to 
readily identify the location of the 
licensee's place of practice, 

viii. a telephone directory listing, 

A. that is in the white pages of the 
telephone directory, in which 
case the listing shall, 

1. be only of light type, 

2. be used only under 
the alphabetical list- 
ing according to the 
denture therapist's 
surname, and 

B. that is in the yellow pages 
of the telephone directory, in 
which case the listing shall, 

1. be only of light type, 

2. be used only in the 
telephone listings for 
the particular geo- 
graphical area in 
which the denture 
therapist practises 
denture therapy, and 

3. be used only in the 
part designated 
"denture therapists" 
and where the practice 
of denture therapy is 
carried on as a partner- 
ship list only the part- 
nership name ; 

12. using or having in the office premises 
dental equipment other than equipment 
required in the practice of denture therapy ; 

13. charging fees that are excessive or un- 
reasonable in relation to the services 
performed or charging fees for services 
that are not performed; 

14. displaying or permitting to be displayed 
dental appliances that can be seen from 
the exterior of the premises at which the 
denture therapist practises; 

15. signing or issuing a certificate, report or 
similar document that contains a state- 



48 



DENTURE THERAPISTS 



Reg. 238 



ment the denture therapist knows or 
ought to know is false, misleading or 
otherwise improper; 

16. signing or issuing 'a certificate, report or 
similar document that withholds state- 
ments or information the licensee knows or 
ought to know should be disclosed to the 
person to whom the document will be 
delivered or to whom its contents will be 
made known ; 

17. knowingly submitting a false or misleading 
account or false or misleading charges for 
services rendered to a patient; 

18. failure to carry out the terms of any 
agreement with a patient ; 

19. refusal to allow an inspector to enter the 
denture therapist's laboratory or office at 
a reasonable time for the purpose of 
inspecting the denture therapist's records 
and equipment ; 

20. selling of accounts by denture therapists 
to third parties; 

21. using or having in the licensee's office 
drugs or anaesthetics of any kind ; 

22. soliciting of patients by a, supervised 
denture therapist ; 

23. the submission of any accounts or charges 
to a patient or to any person legally 
responsible for the patient's debts for 
services rendered by a supervised denture 
therapist ; 

24. using credit cards to obtain payment for 
denture therapy services from patients; 

25. cutting or grinding natural teeth or any 
restoration in or covering a natural tooth ; 

26. giving information concerning a patient's 
dental condition or any service performed 
for a patient to another person other than 
the patient without the consent of the 
patient, unless required to do so by law; 

27. engaging in the practice of denture therapy 
while the ability of the licensee is impaired 
by alcohol or a drug; 

28. failing to continue to perform essential 
services for a patient until the services are 
no longer required or the professional 
services are performed for the patient by 
another licensee or by a dentist ; 

29. improper conduct or association with a 
patient ; 



30. practising denture therapy for a fee or 
otherwise in any public place or in any 
vehicle or other movable contrivance with- 
out the approval of the Board; 

31. conviction of an offence that affects the 
fitness of a licensee to engage in the 
practice of denture therapy; 

32. an act relevant to the practice of denture 
therapy that, having regard to all the 
circumstances, would reasonably be regard- 
ed as disgraceful, dishonourable or unpro- 
fessional conduct; and 

33. engaging or holding oneself out as engaging in 
the practice of denture therapy using any 
name, term or designation other than the 
name of the licensee as entered in the register 
referred to in subsection 4 (5) of the Act. 
O. Reg. 42/75, s. 7; O. Reg. 658/75, s. 1; 
O. Reg. 42/77, s. 1; O. Reg. 245/80, s. 5. 

8. Notwithstanding paragraph 11 of section 7, a 
denture therapist who is an employee shall not 
publish, display or distribute or permit directly or 
indirectly the publishing, display, distribution or 
use of any advertisement related to his employ- 
ment as a denture therapist other than by a 
professional card that gives his name, academic 
degrees and vocational designation. O. Reg. 42/75, 
s. 8. 

9. — (1) Subject to subsections (2) and (3), where a 
licensee's name is entered in the register referred to in 
subsection 4 (5) of the Act, the name in the register 
shall be the same as the name of the licensee in the 
documentary evidence of his education and qualifica- 
tion in denture therapy. 

(2) Where a licensee, 

(a) does not have the education and has not 
earned the qualification referred to in sub- 
section (1); and 

(b) is exempt from the requirements and qualifi- 
cations set out in clause 2 (1) (b), 

the name of the licensee that shall be entered in the 
register referred to in subsection 4 (5) of the Act shall 
be, 

(c) where, 

(i) the licensee is an immigrant, the name 
of the licensee as it appears in the 
documentary evidence of his immi- 
gration, or 

(ii) the licensee was an immigrant and is 
now a citizen of Canada, the name of 
the licensee as it appears in the 



Reg. 238 



DENTURE THERAPISTS 



49 



documentary evidence of his citizen- 
ship; or 

W) such name, other than the name referred 
to in clause (c), as the Registrar considers 
proper. 

(3) An appHcant for a licence or a licensee may 
request entry in the register in a name other than the 
name required by subsection (1) or (2) and the Regis- 
trar may cause such other name to be entered in the 
register if the applicant or licensee, as the case may be, 
presents to the Registrar, 

(a) a certified copy of an order of a court of com- 
petent jurisdiction in Ontario changing the 
applicant's or licensee's name; or 

(6) a certified copy of a valid certificate of mar- 
riage or a decree absolute of divorce, obtained 
in any province of Canada; or 

(c) such further or other documentary material 
that, in the opinion of the Registrar, suffi- 
ciently identifies the person named in the 
documentary material as the applicant or 
licensee, and that satisfies the Registrar that 
the use of the other name is not for any impro- 
per purpose. O. Reg. 245/80, s. 6. 

10. — (1) A denture therapist shall use only one of 
the designations in subsection (2) on printed material 
and permitted advertisements associated with his 
practice and his office, but may place academic 
degrees he has earned after his name other than 
degrees related to the practice of dentistry. 

(2) The following terms, titles or designations are 
authorized as vocational designations for denture 
therapists: 

1. Denture Therapist. 

2. D.T. 

3. Denture Therapy Clinic. 

(3) All words in a term, title or designation referred 
to in subsection (2) wherever used, shall be of uniform 
size. O. Reg. 245/80, s. 7. 

11. The decisions of the DiscipHne Committee 
shall be published by the Board in its annual report 
and may be published by the Board in any other 
publication of the Board, and where a denture 
therapist has been found guilty of professional 
misconduct or incompetence, the full name and 
address of the denture therapist may be stated 
and a summary of the charge, the decision and the 
text or substance of any restriction on the licence 
of the denture therapist or of any reprimand may 
be added, but where a denture therapist has been 
found not guilty of professional misconduct or 
incompetence, the identity of the denture therapist 



shall not be published but the substance of the 
proceedings may be published without identification 
of the parties for the purpose of publishing advice 
to the denture therapist or to the profession. O. Reg. 
42/75. s. 10. 

12. — (1) The Board shall determine the information 
required for the compilation of statistics with 
respect to the supply, distribution and professional 
activities of denture therapists and may direct the 
Registrar to obtain the required information. 

(2) The infprmation required for the compilation 
of statistics may include particulars of the age, 
sex, oral condition of patients, patient case load, 
referral of patients, population served and other 
practice activities of denture therapists. 

(3) Upon the written request of the Registrar, 
denture therapists shall provide to the Registrar 
the information required for the compilation of 
statistics. O. Reg. 42/75, s. 11. 

13. Every licensee, except a licensee who is a 
supervised denture therapist, shall make and keep 
patient and financial records respecting his patients 
and the record for each patient shall contain not 
less than, 

(a) the patient's history; 
(6) the procedures used; 

(c) the prosthetic appliances or devices provid- 
ed; and 

(d) the licensee's fees and charges made to 
the patient. O. Reg. 42/75, s. 12. 

14. The Registrar shall perform the duties imposed 
upon him by the Act, the regulations and the 
by-laws of the Board. O. Reg. 42/75, s. 13. 



Form 1 

Denture Therapists Act 

LICENCE FOR THE PRACTICE OF 
DENTURE THERAPY 

GOVERNING BOARD OF DENTURE 
THERAPISTS 

This is to certify that 



is duly licensed as a denture therapist under the 
Denture Therapists Act, and is entitled to engage in the 
practice of denture therapy in accordance with the Act 
and the regulations thereunder. 



50 



DENTURE THERAPISTS 



Reg. 238 



(SEAL) 

Given under the Corporate Seal of the Governing 

Board of Denture Therapists at Toronto this 

day of , 19 



Licence Number. 



Chairman 



Registrar 
O. Reg. 42/75, Form 1. 



Reg. 239 



DEPOSITS REGULATION 



51 



REGULATION 239 

under the Deposits Regulation Act 



GENERAL 



1. Any proposed advertisement submitted for cer- 
tification under subsection 4 (1) of the Act shall be 
submitted in duplicate and the applicant shall furnish 
such information as the Commission requires. 
R.R.O. 1970, Reg. 223, s. 1. 

2. Upon being satisfied that the proposed adver- 
tisement complies with the provisions of the Act and 
the regulations, the Commission shaU direct the 
Registrar of the Commission to issue a certificate. 
R.R.O. 1970, Reg. 223, s. 2. 

3. Every person or corporation accepting or 
receiving deposits from members of the public shall 
maintain in Ontario a separate record for each 
depositor on a daily basis showing all the transactions 
completed and shall, in addition,, maintain a control 
account on a daily basis reflecting such transactions 
and shall keep the supporting documents to such 
accounts, all in accordance with generally accepted 
accounting principles. R.R.O. 1970, Reg. Ill, s. 3. 

4. Every person or corporation accepting or 
receiving deposits from members of the public shall 
maintain a daily detailed record of the assets segre- 
gated as required by subsection 5 (1) of the Act show- 
ing the cash on hand or deposited in any bank to which 
the Bank Act (Canada) applies and showing the prin- 
cipal amount, the acquisition date, the maturity date 
and the description of every short term security held. 
R.R.O. 1970, Reg. 223, s. 4. 

5. — (1) The return required to be furnished by sub- 
section 5 (3) of the Act shall be in Form 1 and the 
person or corporation making the return shall furnish 
the Commission with such additional financial state- 
ments as the Commission requires. 

(2) The return and additional financial statements 
shall speak as of the first day of the month preceding 
each month referred to in subsection 5 (3) of the Act 
and each shall be certified correct by an officer or 
auditor of the person or company making the 
return. R.R.O. 1970, Reg. 223, s. 5. 

6. The fees that shall be paid to the Commission 
are as follows : 

1. Upon the submission of an advertise- 
ment under subsection 4 (1) of the Act, 

i. for the first proposed advertise- 
ment $ SO 



ii. for each additional proposed ad- 
vertisement thereafter $ 10 

Upon furnishing each return under sub- 
section 5 (3) of the Act 25 

For an inspection by a duly authorized 
representative of the Commission under 
subsection 5 (4) of the Act, the rate per 
day per representative shall be $25. 
R.R.O. 1970, Reg. 223, s. 6. 



Form 1 

Deposits Regulation Act 

Particulars of the security for deposits accepted or 
received by a person or corporation. 

Effective Date ,19 

Aggregate amount of Deposits: $ 



Cash held separately : $ . . 

Add : Cash Deposited and held separately : 
Bank Branch 



Total Cash on Hand and on Deposit : 



Add: Principal amount of short term 

securities from Schedule A : %. 

Aggregate of Cash and Securities: $ . 



Aggregate of Cash and Securities 
as a percentage of Deposits : % 



Certified correct as complying with subsection 5 (3) 
of the Deposits Regulation Act. 



Date. 



Signed. 



Auditor 



S2 



DEPOSITS REGULATION 



Reg. 239 



Schedule A 



Acquisition 
Date 


Full Description of 
Security 


Maturity 
Date 


Cost 


Market 
Value 


Principal 
Amount 






Totals 


1 


$ 


1 


$ 


1 


$ 



R.R.O. 1970, Reg. 223, Form 1. 



Reg. 240 



DEVELOPMENT CORPORATIONS 



S3 



REGULATION 240 

under the Development Corporations Act 

APPROVAL OF LOANS AND GUARANTEES 

L No loans may be made or guarantees given for the payment of loans in excess of $250,000.00 under 
clauses 12 (1) (a) and (b) of the Act unless the approval of the Lieutenant Governor in Council has been first 
obtained. O. Reg. 382/75, s. 1. 



Reg. 241 



DEVELOPMENT CORPORATIONS 



55 



REGULATION 241 



under the Development Corporations Act 



ONTARIO INTERNATIONAL CORPORATION 

1. Under section 5 of the Act, the Ontario Interna- 
tional Corporation is constituted on behalf of Her 
Majesty in right of Ontario as a corporation without 
share capital with the following powers and duties: 

1. To create and stimulate employment and 
investment in Ontario by developing and 
promoting the export of Ontario goods and 
services on a competitive basis in domestic 
and international markets, including, without 
limiting the generality of the foregoing, 

i. the provision of services to co-ordi- 
nate the public and private sector 
with respect to the export of Ontario 
oriented products and services; and 

ii. the provision of financial assistance 
by way of loan or guarantee, to a per- 
son carrying on an industrial under- 
taking in Ontario. 

2. Subject to the approval of the Lieutenant 
Governor in Council, to lend money or 
guarantee a loan made by a lender approved 
by the Ontario International Corporation, 
and to assist in the cost of feasibility studies, 
proposals, bid presentations, market 
development costs, and matters related 
thereto and to forgive repayment of such 
loans in whole or in part. 

3. To structure, promote, market and finalize 
export transactions of maximum benefit to the 
Ministries and boards, agencies and commis- 
sions of the Government of Ontario as well as 
the private sector in fields such as Energ>-, 
Environment, Health, Education, Agricul- 
tural Resources, Transportation, and manu- 
facturing. 

4. To do all things that are incidental or condu- 
cive to the attainment of the objects of the 
Ontario International Corporation. O. Reg. 

496/80, s. 1. 

2. The Ontario International Corporation shall con- 
sist of not fewer than three and not more than seven 
members to be appointed by the Lieutenant Governor 
in Council. O. Reg. 496/80, s. 2. 

3. The members of the Ontario International Cor- 
poration shall form and be its board of directors and the 
Lieutenant Governor in Council shall designate one of 
them as chairman. O. Reg. 496/80, s. 3. 



4. The Ontario International Corporation shall have 
a seal that shall be adopted by by-law and may be 
altered or changed by by-law. O. Reg. 496/80, s. 4. 

5. The fiscal year of the Ontario International Cor- 
poration shall commence on the 1st day of April in each 
year and end on the 3 1st day of March in the following 
year. O. Reg. 496/80, s. 5. 

6. The Corporations Act and the Corporations 
Information Act do not apply to the Ontario Interna- 
tional Corporation. O. Reg. 496/80, s. 6. 

7. The Ontario International Corporation may pay 
those of its members who are not officers in the public 
service of Ontario such remuneration and expens^ 
allowances as are from time to time fixed by the 
Lieutenant Governor in Council. O. Reg. 496/80, 
s. 7. 

8. A majority of the members of the Ontario Inter- 
national Corporation constitutes a quorum at meetings 
of the board of directors. O. Reg. 496/80, s. 8. 

9. The board of directors may make by-laws reg- 
ulating its proceedings and generally for the conducti 
and management of the affairs of the Ontario Interna- 
tional Corporation. O. Reg. 496/80, s. 9. 

10. The affairs of the Ontario International Cor- 
poration are under the management and control of the 
board of directors and the chairman shall preside at all 
meetings of the board of directors. O. Reg. 496/80, 
s. 10. 

1 1. In exercising its powers the Ontario Internation- 
al Corporation shall comply with any directions from 
time to time given to it in writing by the Lieutenant 
Governor in Council expressing the policy of the Gov- 
ernment of Ontario. O. Reg. 496/80, s. 11. 

12. Such employees may be appointed under the 
Public Service Act as are considered necessar\' from 
time to time for the proper conduct of the business of the 
Ontario International Corporation. O. Reg. 496/80, 
s. 12. 



13. In accordance with government policy, the 
Ontario International Corporation may engage persons 
other than those appointed under section 12 to provide 
professional, technical, or other assistance to or on 
behalf of the Ontario International Corporation, and 
may prescribe their duties and other terms of engage- 
ment and provide for payment of the remuneration and 
expenses of such persons. O. Reg. 496/80, s. 13. 



56 



DEVELOPMENT CORPORATIONS 



Reg. 241 



14. No member, officer or employee of a corpora- 
tion, or other person acting on behalf of the Ontario 
International Corporation, is personally liable for any- 
thing done or omitted in good faith in the exercise or 
purported exercise of the powers conferred by this Reg- 
ulation. O. Reg. 496/80, s. 14. 

15. The accounts and financial transactions of the 
Ontario International Corporation shall be audited 
annually by the Provincial Auditor and reports of the 
audit shall be made to the Ontario International Cor- 
poration and to the Minister. O. Reg. 496/80, s. IS. 

16. The Ontario International Corporation shall 
make a report annually to the Minister on the affairs of 



the Ontario International Corporation, and the Minis- 
ter shall submit the report to the Lieutenant Governor 
in Council and shall then lay the report before the 
Assembly if It is in session or, if not, at the next ensuing 
session. O. Reg. 496/80, s. 16. 

17. The Ontario International Corporation shall, in 
addition to making an annual report under section 16, 
make to the Minister such other reports of its affairs and 
operations as he may require. O. Reg. 496/80, s. 17. 

18. The Ontario International Corporation termi- 
nates on the 1st day of June, 1983, or on such day 
thereafter as the Lieutenant Governor in Council may 
designate. O. Reg. 496/80, s. 18. 



Reg. 242 



DEVELOPMENTAL SERVICES 



57 



REGULATION 242 

under the Developmental Ser\ices Act 



GENERAL 
Part I 

INTERPRETATION 

1. — (1) In this Regulation, 

(a) "approved children's home" means a home 
approved by the Minister and desijinated as a 
class of facility in subsection 2 (3); 

{b) "architect" means a person who is a member 
of the Ontario Association of Architects or a 
person who is licensed to practise as an 
architect under the Architects Ad; 

(c) "corporation" means a corporation without 
share capital having objects of a charitable 
nature, 

(i) to which Part III of the Corporations 
Act applies, or 

(ii) that is incorporated under a general or 
special Act of the Parliament of Can- 
ada; 

W) "health care" means medical, surgical, 
obstetrical, optical, dental and nursing 
services, and includes drugs, dressings, 
prosthetic appliances and any other items 
or health services necessary to or com- 
monly associated with the provision of 
any such specified services, but docs not 
include any part of such items and health 
services payable under the Ontario Health 
Insurance Plan under the Health Insurance 
Act; 

(e) "licensed public accountant" means a public 
accountant licensed under the Public 
Accountancy Act; 

(/) "professional engineer" means a person 
registered as a professional engineer or a per- 
son who is licensed to practise as a profes- 
sional engineer under the Professional 
Engineers Act. O. Reg. 213/74, s. 1 (1); 
O. Reg. 218/80, s. 1(1, 2). 

(2) For the purposes of the Act and this Regu- 
lation, 

(a) "assistance" means, 



(i) aid in any form to a resident for the 
purpose of providing all or any of the 
following, 

(A) care in a facility, 

(B) food, shelter, clothing, fuel, 
utilities, household supplies 
and personal requirements, 

(C) travel and transportation, 
(U) a funeral and burial, 

(E) health care, and 

(F) services purchased on behalf of 
a resident, 

(ii) aid in any form to a person with a 
developmental handicap other than a 
resident for the purpose of providing 
all or an>- of the following, 

(A) residential care, 

(B) parent relief, and 

(C) travel and transportation; 

{b) "services" means services for a person with 
a developmental handicap and includes, 

(i) diagnosis and assessment, 

(ii) homemaker services, 

(iii) day care, 

(iv) training and rehabilitation, 

(v) casework and counselling, 

(vi) health care, 

(vii) research and evaluation, 

(viii) training programs to offer instruction 
in the nature of mental retardation and 
its prevention, 

(ix) infant stimulation, 

(x) behaviour management training, 

(xi) demonstration projects, 

(xii) staff training for the benefit of persons 
with developmental handicaps. 



58 



DEVELOPMENTAL SERVICES 



Reg. 242 



(xiii) information programs to increase 
awareness of existing services for 
developmentally handicapped per- 
sons, and 

(xiv) training in life skills for persons with a 
developmental handicap. O. Reg. 
213/74, s. 1 (2); O. Reg. 218/80, 
s. 1 (3, 4). 



Part II 

CLASSES OF FACILITIES 

2. — (1) The facilities in Schedules 1, 2 and 3 are 
designated as facilities to which the Act and this 
Regulation apply. 

(2) Homes approved by the Minister for providing 
assistance and services to persons with a develop- 
mental handicap are designated as a class of facility 
to which the Act and this Regulation apply. O. Reg. 
213/74, s. 2. 

(3) Homes approved by the Minister for the provid- 
ing of residential accommodation for or on behalf of 
children under eighteen years of age with a develop- 
mental handicap other than homes to which subsections 
(1) and (2) apply are designated as a class of facility to 
which the Act and this Regulation apply. O. Reg. 
218/80, s. 2. 

Part III 

OPERATING SUBSIDY 

3. — (1) Every person who operates a facility desig- 
nated in Schedule 2 or 3 shall, annually, prepare and 
submit to the Minister an estimate of the operating 
costs and revenue of the facility for the budget year in 
respect of the assistance and service that it is proposed 
to offer and such estimate shall be subject to the 
approval of the Minister. 

(2) A person who submits an estimate under sub- 
section (1) may at any time during the budget year 
after the estimate has been approved by the Minister 
submit to the Minister for his approval an amend- 
ment to the estimate or a supplementary estimate 
of the operating costs and revenue of the facility for 
the budget year. 

(3) The Minister may approve the amount of any 
estimate or amendment thereto, as the case may be, 
as submitted under subsection (1) or (2) or he may vary 
the amount of the estimate or the amendment and 
approve the amount as so varied. 

(4) The amount of provincial aid for a budget year 
payable as a subsidy for the operating costs of a facility 
designated under Schedule 2 or 3 shall be equal to the 
total estimate of the operating costs of the facility as 
finally approved by the Minister under subsection (3) 



for the budget year subject to any final adjustment 
that might be made upon receipt from the person who 
operates the facility of the annual financial statement 
of the facility for the budget year audited by a licensed 
public accountant. 

(5) The provincial aid payable under subsection (4) 
may be payable in monthly instalments, on the first 
day of the month for which it is payable and may 
be paid in advance, the first instalment being pay- 
able in the first month of the budget year for which 
the provincial aid is payable and the balance each 
month thereafter until the entire amount has been 
paid. O. Reg. 213/74,5.3(1-5). 

(6) Subject to subsection (8), the amount of each 
instalment payable before the estimate submitted under 
subsection (1) has been approved by the Minister under 
subsection (3), shall be one-twelfth of the amount of 
provincial aid paid for the preceding budget year. 

(7) Subject to subsections (8) and (9), the amount of 
each instalment payable after the estimate submitted 
under subsection (1) has been approved by the Minister 
under subsection (3) shall be one-twelfth of the total 
amount payable by Ontario for the budget year in which 
the estimate has been approved. 

(8) The Minister may vary the amount of any instal- 
ment payable under subsection (6) or (7). 

(9) Any difference between the aggregate of the 
amounts of all the instalments as determined under sub- 
sections (6) and (7) due in the budget year for which the 
estimate has been approved and the total amount of the 
provincial aid payable under subsection (4) for that year 
before the final adjustment provided for in subsection (4) 
ma\' be adjusted in the instalments due and payable after 
the Minister's approval of the estimate submitted under 
subsection (1). O. Reg. 975/74, s. 1. 

(10) Where the submission of the estimate referred to in 
subsection (1) or the audited annual financial statement 
referred to in subsecdon (4) is not furnished to the Minis- 
ter, the provincial aid payable under subsection (4) may 
be withheld until the operator of the facility provides 
information satisfacton,' to the Minister. O. Reg. 213/ 
74, s. 3 (9). 

(11) The amount payable on or after the 1st day of 
April, 1980 as provincial aid to a corporation operating an 
approved children's home shall be equal to the total esti- 
mate of operafing costs submitted b\' the Corporation and 
approved by the Minister and determined having regard 
to, 

(a) the number of beds; 

(b) the number of staff; 

(f ) the services, 

to be provided in the approved children's home by the 
corporation, and 



Reg. 242 



DEVELOPMENTAL SERVICES 



59 



(d) the anticipated revenue of the approved chil- 
dren's home. 

(12) Ever\' corporation applying for payment of pro- 
vincial aid for the operation of an approved children's 
home shall enter into an agreement with Ontario with 
respect to the pa>Tnent. O. Reg. 218/80, s. 3. 



Part IV 

CAPITAL GRANTS 
4.— (1) In this Part, 

(a) "actual cost" means the cost of a building 
project and includes, 

(i) fees payable for the services of an 
architect, professional engineer, or 
other consultant, 

(ii) the cost of purchasing and installing 
furnishings and equipment, 

(iii) the cost of land surveys, soil tests, 
permits, licences and legal fees, 

(iv) the cost of paving, sodding and land- 
scaping, and 

(v) the cost of acquiring the land necessary 
for the building project; 

(b) "approved cost" means that portion of the 
actual cost of a building project approved by 
the Minister; 

(c) "building project" means a project composed 
of one or more of the following elements, 

(i) the purchase or other acquisition of all 
or any part of an existing building or 
buildings including the land contigu- 
ous thereto, 

(ii) any renovations, alterations or addi- 
tions to an existing building or build- 
ings, 

(iii) the purchase or other acquisition of 
vacant land for the purpose of con- 
structing a building or buildings there- 
on, 

(iv) the erection of a new building, or any 
part thereof, 

(v) the demolition of a building, 

(vi) the installation of public utilities, sew- 
ers and items or services necessary for 
access to the land or building or build- 
ings. 



(2) The amount of capital grant payable under the 
Act to a facility designated or to be designated in 
Schedule 2 or 3 for a building project shall be equal to 
two-thirds of the approved cost of the building pro- 
ject. O. Reg. 690/79, s. 1, part. 

(3) The amount of capital grant payable on or after 
the 1st day of April, 1980 under the Act to a corpora- 
tion establishing or operating an approved children's 
home for a building project shall be equal to, 

(a) $15,000.00 per bed; or 

■(b) 80 per cent of the approved cost of the build- 
ing project. 



whichever is the lesser. 
871/80, s. 1. 



O. Reg. 218/80, s. 4; O. Reg. 



5. — (1) An application for a capital grant shall be 
made to the Minister on a form provided by the Minis- 
ter. 

(2) An applicant who applies under subsection (1) 
shall file with the Minister, for the Minister's approval, 
two copies of a site plan showing the location of the 
building or buildings, if any, on the site and, in the case 
of a building project with one or more of the elements 
referred to in subclauses 4 (c) (i), (ii), (iv) or (vi), 

(a) building plans and specifications prepared by 
an architect or professional engineer showing 
the structure, fixtures and arrangements of 
the building or buildings and describing the 
areas of the building or buildings to be used 
for the purposes of the Act; or 

(b) where the Minister approves, structural 
sketches and specifications prepared by a per- 
son other than an architect or professional 
engineer describing the building or buildings 
and the areas of the building or buildings or 
contiguous to the building or buildings to be 
used for the purposes of the Act. 

(3) No plan, specification or structural sketch filed 
with the Minister shall be amended or altered without 
the approval of the Minister. O. Reg. 690/79, s. 1, 
part. 

6. — ( 1) No payment of a capital grant shall be made 
for a building project except where, 

(o) the building project has been approved by the 

Minister; and 

ib) the approved cost has been determined. 

(2) An approval of a building project by the Minis- 
ter referred to in subsection (1) expires on the first 
anniversary of the date upon which the approval is 
given unless the building project has been commenced 
before such anniversary date. 



60 



DEVELOPMENTAL SERVICES 



Reg. 242 



(3) A capital grant may be paid as a single payment 
or in two or more instalments and, except where the 
Minister directs otherwise, the aggregate of the 
amounts of the capital grant paid at any ppint in time 
shall not exceed, 

(a) an amount that bears the same proportion to 
the estimated total payment as the amount of 
progress made at the time towards completion 
of the project bears to the total estimated 
amount of work required for completion; or 

(b) an amount that bears the same proportion to 
the estimated total payment as the amount of 
cost incurred at the time bears to the total 
estimated cost of the project, 

whichever is the greater. 

(4) A single payment, or in the case of payment in 
two or more instalments, the final payment of an 
amount payable for a building project shall not be made 
until, 

(a) an architect or professional engineer certifies, 
or the Minister is otherwise satisfied, that the 
building project has been completed in 
accordance with the plans filed under clause 
5 (2) (a) or the sketches thereof approved by 
the Minister under clause 5 (2) (b) and the 
building or addition is ready for use and 
occupancy; and 

(b) the applicant for the payment submits a report 
containing, 

(i) a statement of the actual cost of the 
building project, 

(ii) a statement indicating that all refund- 
able sales tax has been taken into 
account, 

(iii) a statement indicating that the total 
amount of the unpaid accounts applic- 
able to the building project does not 
exceed the amount of the grant 
remaining to be paid, and 

(iv) an undertaking that the amount of the 
grant remaining to be paid will be 
applied first to the payment of the 
unpaid accounts. O. Reg. 690/79, 
s. 1, part. 

7. No applicant for or recipient of a capital grant for 
a building project shall, 

(a) acquire a building or land for the building 
project; 

(ft) call tenders for the building project; 



(c) commence construction of the building pro- 
ject; or 

(d) erect any temporary or permanent sign, tablet 
or plaque on the site or building project, 



without the written approval of the Minister. 

690/79, s. \,part. 



O. Reg. 



8. — (1) It is a term and condition of a payment of a 
capital grant under the Act in respect of a building, 
buildings or land forming part of a building project that 
the applicant for the payment enter into an agreement 
with the Minister in which the applicant shall agree not 
to, 

(a) sell, agree to sell, mortgage, lease, encumber, 
donate or dispose of all or any part of the 
building, buildings or land; 

(b) use all or any part of the building, buildings or 
land for a purpose other than that for which a 
grant has been or is payable; or 

(c) demolish or make alterations or additions to 
all or any part of the building or buildings, 

without the written approval of the Minister and the 
Minister may require, as a condition of the approval of 
the payment, that the recipient repay the whole or such 
part of the payment as the Minister considers appro- 
priate in the circumstances where there is a default 
under the agreement. 

(2) Where a recipient contravenes the provisions of 
subsection (1), or is in default of any condition for 
repayment imposed by the Minister under subsection 
(1), the Minister may require the return of a part of the 
payment or the whole payment whereupon the recipi- 
ent is liable to repay such amount of the payment 
received under the Act for the project as is required by 
the Minister as a debt due to the Crown, and such 
amount may be, 

(a) deducted from any moneys payable by 
Ontario to the recipient under the Act; or 

(b) recovered by proceedings in a court of com- 
petent jurisdiction. O. Reg. 690/79, s. 1, 
part. 

9. — (1) Expenditures incurred by a facility, other 
than a corporation establishing or operating an 
approved children's home, for furnishings or equip- 
ment, or for repairs to or maintenance of a capital asset 
that, 

(a) are approved by the Minister as capital 
expenditures; 

{b) are, in the opinion of the Minister, necessary 
for the efficient operation of the facility and 
the cost of which is not excessive for the pur- 
pose; and 

(c) are in excess of $300.00, 



Reg. 242 



DEVELOPMENTAL SERVICES 



61 



are capital expenditures for which a grant may be paid, 
upon application by the facility, in an amount equal to 
two-thirds of the approved expenditures incurred. 
O. Reg. 218/80, s. 5, part; O. Reg. 871/80, s. 2. 

(2) Expenditures incurred by a corporation operat- 
ing an approved children's home for furnishings or 
equipment, or for repairs to or maintenance of a capital 

asset that, 

(a) are approved by the Minister as capital 
expenditures; 

(b) are, in the opinion of the Minister, necessary 
for the efficient operation of the facility and 
the cost of which is not excessive for the pur- 
pose; and 

(c) axG in excess of $300.00, 

are capital expenditures for which a grant may be paid, 
upon application by the corporation operating an 
approved children's home, in an amount equal to 80 per 
cent of the approved expenditures incurred. O. Reg. 

218/80, s. 5, part. 

10. A facility, if requested by the Minister, shall file 
with the Minister evidence that all or any part of a 
building or buildings used or to be used by the facility 
comply with, 

(a) the laws affecting the health of inhabitants of 
the municipality in which the facility is 
located; 

(b) any rule, regulation, direction or order of the 
local board of health and any direction or 
order of the medical officer of health; 

(c) any by-law of the municipality in which the 
facility is located or other law for the protec- 
tion of persons from fire hazards; 

id) any restricted area, standard of housing or 
building by-law passed by the municipality in 
which the facility is located pursuant to Part 
III of the Planning Act or any predecessor 
thereof; and 

(e) the requirements of Regulation 87 of Revised 
Regulations of Ontario, 1980 made under the 
Building Code Act. O. Reg. 690/79, s. 1, 
part. 



Part V 

RULES GOVERNING FACILITIES 

11. In every facility, the board or where there is no 
board, the owner, shall ensure that, 

(a) all fire hazards in the facility are eliminated, 
the facility is inspected at least once a year by 
an officer authorized to inspect buildings 
under the Fire Marshals Act and the recom- 
mendations of the officer are carried out; 



(b) there is adequate protection from radiators or 
other heating equipment; 

(f ) the water supplies are adequate for all normal 
needs, including those of fire protection; 

(d) the fire protection equipment, including the 
sprinkler system, fire extinguishers, hose and 
stand pipe equipment are visually inspected at 
least once a month and serviced at least once 
every year by qualified personnel; 

{e) the fire detection and alarm system is 
inspected at least once a year by qualified fire 
alarm maintenance personnel, and tested at 
least once every month; 

(/■) at least once a year the heating equipment is 
serviced by qualified personnel and the chim- 
neys are inspected and cleaned if necessary; 

(g) a written record is kept of inspections and 
tests of fire equipment, fire drills, the fire 
detection and alarm system, the heating sys- 
tem, chimneys and smoke detectors; 

(h) the staff and residents are instructed in the 
method of sounding the fire detection and 
alarm system; 

(i) the staff are trained in the proper use of the 
fire extinguishing equipment; 

(j) a directive setting out the procedures that 
must be followed and the steps that must be 
taken by the staff and residents when a fire 
alarm is given is drawn up and posted in 
conspicuous places in the facility; 

{k) the staff and residents are instructed in the 
procedures set out in the directive referred to 
in clause (j ) and the procedures are practised 
by staff and residents at least once a month 
using the fire detection and alarm system to 
initiate the drill; 

(/) where matches are used, only safety matches 
are issued to the staff and residents; 

(m) an inspection of the building, including the 
equipment in the kitchen and laundry, is 
made each night to ensure that there is no 
danger of fire and that all doors to stairwells, 
all fire doors and all smoke barrier doors are 
kept closed; 

(n) adequate supervision is provided at all times 
for the security of the residents and the facil- 
ity; 

(o) oxygen is not used or stored in the facility in a 
pressure vessel; 

(/» ) combustible rubbish is kept to a minimum; 



62 



DEVELOPMENTAL SERVICES 



Reg. 242 



{q) all exits are clear and unobstructed at all 
times; 

(r) combustible draperies, mattresses, carpeting, 
curtains, decorations and similar materials 
are suitably treated to render them resistant to 
the spread of flame and are retreated when 
necessary; 

(s) receptacles into which electric irons or other 
small appliances are plugged are equipped 
with pilot lights which glow when the 
appliance is plugged in; 

(t) lint traps in the laundry are cleaned out after 
each use of the equipment; 

(it ) flammable liquids and paint supplies are 
stored in suitable containers in non-combusti- 
ble cabinets; 

(v) suitable non-combustible ashtrays are pro- 
vided where smoking is permitted; 

(w) no portable electric heaters are used in the 
facility that are not in accordance with stan- 
dards of approval set down by the Canadian 
Standards Association; 

(x) no vaporizing liquid fire extinguishers are 
kept or used in the facility; and 

(y) no sprinkler heads, fire or smoke detector 
heads are painted or otherwise covered with 
any material or substance that is likely to pre- 
vent them from functioning normally. O. 
Reg. 690/79, s. I, part. 

12. A facility located in a municipality that does not 
have public fire protection shall be provided with a 
complete automatic sprinkler system that complies with 
standards prescribed under the Building Code 
Act. O. Reg. 690/79, s. 1, part. 

13. The board of each facility shall keep and main- 
tain an inventory of all furnishings and equipment 
acquired by the facility and the inventory shall set forth 
each addition to or removal from inventory and the 
reasons therefor and shall be prepared in such manner 
and contain such additional information as the Director 
may require. O. Reg. 690/79, s. I, part. 

14. — (1) The charge for any resident eighteen years 
of age or older shall be equal to the cost of providing 
assistance to him. O. Reg. 218/80, s. 6, part. 

(2) The charge for any resident under eighteen years 
of age shall be equal to the amount agreed upon by the 
parent or guardian of the resident and the facility and 
approved by the Minister. O. Reg. 871/80, s. 3. 

15. An application for admission to a facility and for 
assistance shall be made to an administrator who shall 
determine whether the applicant is eligible for admis- 
sion to the facility and for assistance and whether the 



applicant is able to contribute to all or any part of the 
cost of the assistance. O. Reg. 690/79, s. 1, part. 

16. An application for .services shall be made to the 
Director or to an administrator, and the Director or 
administrator, as the case may be, shall determine 
whether the applicant is eligible for the services and 
whether the applicant is able to contribute to all or any 
part of the cost thereof. O. Reg. 690/79, s. 1, part. 

17. A certificate under subsection 10 (3) of the Act 
shall be in Form 1. O. Reg. 690/79, s. 1, part. 

18. A notice of cancellation under section 14 of the 
Act shall be in Form 2. O. Reg. 690/79, s. 1, part. 

19. A notice of continuance under subsection IS (2) 
of the Act shall be in Form 3. O. Reg. 690/79, s. 1, 
part. 



Part VI 

ADMISSION OF CHILDREN 

20. In this Part, 

(a) "child" means a person with a developmental 
handicap under eighteen years of age; and 

(b) "parent" means the father or mother of a 
child, and includes a person who has 
demonstrated a settled intention to treat a 
child as a child of his or her family, but does 
not include a person in whose home a child 
was placed as a foster child for consideration 
by a person having lawful custody. O. Reg. 
871/80, s. 4, part. 

21. — (1) The Minister shall be deemed to be a child 
welfare authority for the purpose of entering into an 
agreement with a parent for the provision of services or 
assistance or both to a child. 

(2) The agreement between the Minister and the 
parent shall be in a form provided by the Minister. 
O. Reg. 871/80, s. 4, part. 

22. A child shall be provided services and assistance 
where the child is, 

(o) in the care or custody or under the control or 
supervision of a Children's Aid Society; or 

(b) under the supervision of the Minister pur- 
suant to an agreement between the Minister 
and the parent whereby the Minister agrees to 
provide services or assistance or both to meet 
the special needs of the child. O. Reg. 871/ 
80, s. 4, part. 



Reg. 242 



DEVELOPMENTAL SERVICES 



63 



Schedule 1 

Item Location Name 

1. Aurora Pine Ridge 



2. Brockville 



St. Lawrence Regional 
Centre 



3. Cedar Springs Southwestern Regional Centre 

4. Cobourg D'Arcy Place 

5. Edgar Adult Occupational Centre 

6. Goderich Bluewater Centre 

7. Gravenhurst Muskoka Centre 

8. London CPRI 
Huronia Regional Centre 
Midwestern Regional Centre 
Prince Edward Heights 



9. Orillia 

10. Palmerston 

11. Picton 

12. St. Thomas 



St. Thomas Adult Rehabilita- 
tion and Training Centre 

13. Smiths Falls Rideau Regional Centre 

14. Thunder Bay Northwestern Regional Centre 

15. Toronto Surrey Place Centre 

16. Whitby Durham Centre for the 

Developmentally 
Handicapped 

17. Woodstock Oxford Regional Centre 

O. Reg. 213/74, Sched. 1; O. Reg. 187/75, s. 1; O. Reg. 
279/75, s. 1; O. Reg. 306/76, s. 1; O. Reg. 413/77, s. 1; 
O. Reg. 393/78, s. 1. 



Schedule 2 



Item Location 

1. Brantford 

2. Hamilton 

3. Kingston 



Name 



4. Kitchener 



Brantwood 
Rygiel Home 

Ongwanada Hospital — 

Hopkins Division 

Mental Retardation Unit 

117 Park Street 

Kingston, Ontario 

and 
Ongwanada Hospital — 

Penrose Division 

Mental Retardation Unit 

752 King Street West 

Kingston, Ontario 

Sunbeam Home 



5. Oakville 

6. Plainfield 



Oaklands Regional Centre 
Plainfield Children's Home 



7. Thunder Bay Mental Retardation Unit — 

Hogarth- Westmount 
Hospital 

8. Vineland Bethesda Home 

9. Whitby Christopher Robin Home for 

Children 

O. Reg. 213/74, Sched. 2; O. Reg. 187/75, s. 2; 
O. Reg. 742/75, s. 1 ; O. Reg. 413/77, s. 2; O. Reg. 
562/78, s. 1; O. Reg. 871/80, s. 5. 



Schedule 3 



Item Location 

1. Sault Ste. 
Marie 



Name 



Algoma District Mental 
Retardation Services 

O. Reg. 213/74, Sched. 3. 



Form 1 

Developmental Services Act 

CERTIFICATE OF INCOMPETENCE 

I, the undersigned physician, hereby certify that 

on the day of , 19 ... . 

I personally examined 

(name of resident in full) 

(home address) 

After making due inquiry into all the facts neces- 
sary for me to form a satisfactory opinion, I do 
hereby further certify that he/she is not competent 
to manage his/her estate. 

1. Farts indicating incompetence observed by 
myself : 



2. Other facts, if any, indicating incompetence 
communicated to me by others: 



Date. 



19. 



(signature) 



64 



DEVELOPMENTAL SERVICES 



Reg. 242 



(print or type name of 
signing physician) 



(name and address of facility) 

Date of Admission , 19. . . . 

O. Reg. 213/74, Form 1. 
Form 2 

Developmental Services Act 

NOTICE OF CANCELLATION OF 
CERTIFICATE OF INCOMPETENCE 

I, the undersigned physician, having examined 
(name of resident in full) 



(home address) 

for such purpose, hereby cancel the certificate of 
incompetence which was issued with respect to him/ 
her 



by... 
Date. 



, 19.... 



, 19. 



(signature) 



(print or type name of 
signing physician) 



(name and address of facility) 

O. Reg. 213/74, Form 2. 



Form 3 

Develppmental Services Act 

NOTICE OF CONTINUANCE OF 
CERTIFICATE OF INCOMPETENCE 

I, the undersigned physician, having examined 
(name of resident in full) 



(home address) 

who is about to be discharged, am of the opinion 
that he/she continues to be incompetent to manage 
his/her estate, and the certificate of incompetence 
which was issued with respect to him/her by 



. , 19.... is hereby continued. 



State reason(s) why the above-named patient 
should not resume management of his/her estate: 



Date. 



.. 19.. 



(signature) 



(print or type name of 
signing physician) 



(name and address of facility) 

O. Reg. 213/74, Form 3. 



Reg. 243 



DISTRICT WELFARE ADMINISTRATION BOARDS 



65 



REGULATION 243 



under the District Welfare Administration Boards Act 



APPLICATION FOR GRANT UNDER 
SECTION 10 OF THE ACT 

1. — (1) In this Regulation "Director" means the 
Director of the Income Maintenance Branch of the 
Ministry of Community and Social Services. 

(2) For the purposes of clause 1 (rf) of the Act and 
this Regulation, "district" has the same meaning as in 
the Territorial Division Act. O. Reg. 231/71, s. 1. 

2. In addition to the welfare services mentioned in 
clause 1 (h) of the Act, "welfare services", for the pur- 
pose of the Act and this Regulation includes, 

(a) hospitalization of indigent persons ; 

(b) services in respect of children's aid 
societies ; 

(c) social services that are furnished for the 
purpose jof , 

(i) rehabilitation, including vocational 
assessment and counselling, the 
facihtitation of vocational training 
and placement in employment, 

(ii) counselling in respect of family or 
marital relationships, 

(iii) counselling in respect of child care 
and training, and parent-child rela- 
tionships, 

(iv) counselling in respect of debts, finan- 
cial or household management and 
homemaking, 

(v) counselling in respect of nutritional 
needs and requirements, and 

(vi) counselling in respect of the main- 
tenance of adequate standards of 
health and personal hygiene; 

(d) such other social services that may be 
required by a recipient and are approved 
by the Director; 

(e) administrative, secretarial and clerical ser- 
vices including staff training relating to 
the provision of any of the foregoing welfare 
services; 

(/) consulting, research and evaluation services 
with respect to the provision of any of the 
foregoing welfare services; and 



(g) such other services as are approved by the 
Director. O. Reg. 231/71, s. 2. 

3. An application for a grant under section 10 of 
the Act shall be made in triplicate in Form 1. 
R.R.O. 1970, Reg. 225, s. 2. 

GRANTS UNDER SECTION 10 OF THE ACT 

4. — (1) In this section "estimated expenditures" 
means the total expenditures estimated by a board in 
accordance with Form 1 and approved by the Director 
to carry out the purposes of the Act during the first 
year of the board's operation. 

(2) For the purposes of section 10 of the Act, the 
amount of the grant shall be 50 per cent of the 
estimated expenditures of the board determined in 
accordance with Form 1. R.R.O. 1970, Reg. 225, 
s. 3;0. Reg. 231/71, s. 4(1-3). 

MEMBERSHIP OF BOARDS 

5. — (1) For the purpose of determining the member- 
ship of a board, the districts for which the boards have 
been established are divided into the areas set out in 
the schedules. 

(2) For each board named in the heading of a 
schedule, the number of members, the areas in a dis- 
trict that they represent and the manner of their 
appointment shall be that set out in the schedule. 

(3) A member at large of a board shall hold 
office for a term not exceeding three years. O. Reg. 
84/73, s. 1, part. 

(4) The term of office of each member of a board 
who is not a member at large is two years and shall 
commence on the 1st day of January next following the 
member's appointment. O. Reg. 917/78, s. 1, part. 

(5) A member of a board is eligible for re-appoint- 
ment at the expiration of his term of office. 

(6) Where the office of a member of a board 
becomes vacant before the end of the term of 
office of the member a new member may be ap- 
pointed for the remainder of the unexpired term. 
O. Reg. 84/73, s. 1, part. 

6. Payment of a grant under section 10 of the Act 
may be made to a board at any time during the 
first year in which the board is established for a 
district, either in one payment for the full amount 
or by the payment of instalmlents in such amounts 
and at such times as the Minister may direct. 
R.R.O. 1970, Reg. 225, s. 4. 



66 



DISTRICT WELFARE ADMINISTRATION BOARDS 



Reg. 243 



CHAIRMEN OF BOARDS 

7. — (1) A board shall, at its first meeting after the 
1st day of January in each year, appoint one of its 
members as chairman of the board. 

(2) The member of the board who is appointed 
under subsection (1) shall serve as chairman until the 
31st day of December following the appointment and, 
subject to subsection (3), may be re-appointed as 
chairman for the next ensuing year. O. Reg. 917/78, 
s. 2. 

(3) No member of the board shall serve for more 
than three consecutive terms as chairman. 

(4) Where the chairman resigns or dies before his 
term as chairman has expired, the board shall appoint 
another member of the board as the chairman 
thereof to complete the unexpired portion of the term 
of the chairman who has resigned or died. R.K.O. 
1970, Reg. 225, s. 5 (3, 4). 

Schedule 1 

THE DISTRICT OF SUDBURY WELFARE 
ADMINISTRATION BOARD 

The District of Sudbury Welfare Administration 
Board shall consist of nine members and the areas 
they represent and the manner of their appoint- 
ment shall be as follows: 

1. One member at large to be appointed by 
the Lieutenant Governor in Council. 

2. Area 1, represented by six members to be 
appointed by the Regional Council of The 
Regional Municipality of Sudbury. 

3. Area 2, represented by one member to be 
appointed jointly by the municipal coun- 
cils of, 

i. The Corporation of the Township 
of Chapleau, 

ii. The Corporation of the Township 
of Hagar, 

iii. The Corporation of the Township 
of Casimir, Jennings and Appleby, 

iv. The Corporation of the Township 
of Ratter and Dunnet, and 

v. The Corporation of the Township 
of Cosby, Mason and Martland. 

4. Area 3, represented by one member to be 
appointed jointly by the municipal coun- 
cils of, 

i. The Corporation of the Town of 
Espanola, 



ii. The Corporation of the Township of 
The Spanish River, 

iii. The Corporation of the Town of 
Massey, 

iv. The Corporation of the Town of 
Webb wood, 

V. The Corporation of the Township of 
Nairn and, 

vi. The Corporation of the Township 
of Baldwin. O. Reg. 84/73, s. 2, 
part. 

Schedule 2 

THE DISTRICT OF ALGOMA WELFARE 
ADMINISTRATION BOARD 

The District of Algoma Welfare Administration 
Board shall consist of nine members and the areas 
they represent and the manner of their appoint- 
ment shall be as follows: 

1. Two members at large to be appointed by 
the Lieutenant Governor in Council. 

2. Area 1, represented by one member to be 
appointed by the municipal council of The 
Corporation of the Town of Elliot Lake. 

3. Area 2, represented by one member to be 
appointed by the municipal council of 
The Corporation of the Town of Blind 
River. 

4. Area 3, represented by one member to be 
appointed by the municipal council of 
The Corporation of the Township of 
Michipicoten. 

5. Area 4, represented by four members to 
be appointed jointly by the municipal 
councils of, 

i. The Corporation of the Township 
of Thompson, 

ii. The Corporation of the Village of 
Iron Bridge, 

iii. The Corporation of the Township 
of Day and Bright Additional, 

iv. The Corporation of the Township 
of Thessalon, 

v. The Corporation of the Town of 
Thessalon, 

vi. The Corporation of the Township 
qf Plummer Additional, 

vii. The Corporation of the Town of 
Bruce Mines, 



Reg. 243 



DISTRICT WELFARE ADMINISTRATION BOARDS 



67 



viii. The Corporation of the Township 
of Johnson, 

ix. The Corporation of the Township 
of Tarbutt and Tarbutt Additional, 

X. The Corporation of the Township 
of Prince, 

xi. The Corporation of the Township 
of Macdonald, Meredith and Aber- 
deen Additional, 

xii. The Corporation of the Township 
of St. Joseph, 

xiii. The Corporation of the Township 
of Jocelyn, 

xiv. The Corporation of the Township 
of Hilton, 

XV. The Corporation of the Village of 
Hilton Beach, 

xvi. The Corporation of the Township 
of Laird, 

xvii. The Corporation of the Improve- 
ment District of White River, and 

xviii. The Corporation of the Township 
of Wicksteed. 

xix. The Corporation of the Improvement 
District of the North Shore. 
O. Reg. 84/73, s. 2, part; O. Reg. 
683/73, s. 1; O. Reg. 125/77, s. 1. 



Schedule 3 

THE DISTRICT OF NIPISSING 
WELFARE ADMINISTRATION BOARD 

The District of Nipissing Welfare Administration 
Board shall consist of seven members and the areas 
they represent and the manner of their appoint- 
ment shall be as follows: 

1. Two members at large to be appointed by 
the Lieutenant Governor in Council. 

2. Area 1, represented by one member to be 
appointed by the municipal council of The 
Corporation of the Town of Sturgeon Falls. 

3. Area 2, represented by one member to be 
appointed by the municipal council of The 
Corporation of the Township of Temagami. 

4. Area 3, represented by one member to be 
appointed jointly by the municipal coun- 
cils of. 



i. The Corporation of the Township of 
Bonfield, 

ii. The Corportion of the Township of 
East Ferris, and 

iii. The Corporation of the Township of 
Chisholm. 

5. Area 4, represented by one member to be 
appointed jointly by the municipal coun- 
cils of, 

i. The Corporation of the Town of 
Cache Bay, 

ii. The Corporation of the Township 
of Caldwell, 

iii. The Corporation of the Township 
of Springer, and 

iv. The Corporation of the Township 
of Field. 

6. Area 5, represented by one member to be 
appointed jointly by the municipal coun- 
cils of, 

i. The Corporation of the Town of 
Mattawa, 

ii. The Corporation of the Township 
of Airy, 

iii. The Corporation of the Township 
of Calvin, 

iv. The Corporation of the Township 
of Mattawan, 

v. The Corporation of the Township 
of Papineau, and 

vi. The Corporation of the Improve- 
ment District of Cameron. O. Reg. 
84/73, s. 2, part; O. Reg. 125/77, s. 2. 



Schedule 4 

THE DISTRICT OF COCHRANE 
WELFARE ADMINISTRATION BOARD 

The District of Cochrane Welfare Administration 
Board shall consist of ten members and the areas 
they represent and the manner of their appointment 
shall be as follows : 

1. Two members at large to be appointed by 
the Lieutenant Governor in Council. 

2. Area 1, represented by one member to be 
appointed by the municipal council of The 
Corporation of the Town of Hearst. 

3. Area 2, represented by one member to be 
appointed by the municipal council of The 
Corporation of the Town of Kapuskasing. 



68 



DISTRICT WELFARE ADMINISTRATION BOARDS 



Reg. 243 



4. Area 3, represented by one member to be 
appointed jointly by the municipal coun- 
cils of, 

i. The Corporation of the Township 
of Fauquier, and 

ii. The Corporation of the Township 
of Shackleton and Machin. 

5. Area 4, represented by one member to be 
appointed by the municipal council of The 
Corporation of the Town of Smooth Rock 
Falls. 

6. Area 5, represented by one member to be 
appointed jointly by the municipal coun- 
cils of, 

i. The Corporation of the Town of 
Cochrane, and 

ii. The Corporation of the Township 
of Glackmeyer. 

7. Area 6, represented by one member to be 
appointed by the municipal council of 
the Corporation of the Town of Iroquois 
Falls. 

8. Area 7, represented by one member to be 
appointed by the municipal council of 
the Corporation of the Township of Black 
River- Matheson . 

9. Area 8, represented by one member to be 
appointed jointly by the municipal councils 
of, 

i. The Corporation of the Township of 
Eilber and Devitt, 

ii. The Corporation of the Improvement 
District of Opasatika, and 

iii. The Corporation of the Township of 
Owens, Williamson and Idington. 
O. Reg. 84/73, s. 2, part; O. Reg. 
125/77, s. 3; O. Reg. 917/78, s. 3. 

Schedule 5 

THE DISTRICT OF RAINY RIVER 
WELFARE ADMINISTRATION BOARD 

The District of Rainy River Welfare Administra- 
tion Board shall consist of eight members and the 
areas they represent and the manner of their 
appointment shall be as follows: 

1. Two members at large to be appointed by 
the Lieutenant Governor in Council. 

2. Area t, represented bj' one member to be 
appointed jointly by the municipal coun- 
cils of. 



i. The Corporation of the Township 
of Morson, and 

ii. The Corporation of the Township 
of McCrosson and Tovell. 

3. Area 2, represented by one member to be 
appointed jointly by the municipal coun- 
cils of, 

i. The Corporation of the Township 
of Atwood, 

ii. The Corporation of the Township 
of Blue, 

iii. The Corporation of the Town of 
Rainy River, and 

iv. The Corporation of the Township 
of Worthington. 

4. Area 3, represented by one member to be 
appointed jointly by the municipal coun- 
cils of, 

i. The Corporation of the Township 
of Chappie, 

ii. The Corporation of the Township 
of Dilke, and 

iii. The Corporation of the Township 
of Morley. 

5. Area 4, represented by one member to be 
appointed jointly by the municipal coun- 
cils of, 

i. The Corporation of the Township 
of Alberton, 

ii. The Corporation of the Township 
of Emo, 

iii. The Corporation of the Township of 
La Vallee, and 

iv. The Corporation of the Improve- 
ment District of Kingsford. 

6. Area 5, represented by one member to be 
appointed by the municipal council of The 
Corporation of the Town of Fort Frances. 

7. Area 6, represented by one member to be 
appointed by the municipal council of The 
Corporation of the Township of Atikokan. 
O. Reg. 84/73, s. 2, part. 



Schedule 6 

THE DISTRICT OF PARRY SOUND 
WELFARE ADMINISTRATION BOARD 

The District of Parry Sound Welfare Administra- 
tion Board shall consist of fourteen members and the 



Reg. 243 



DISTRICT WELFARE ADMINISTRATION BOARDS 



69 



areas they represent and the manner of their ap- 
pointment shall be as follows: 

1. Two members at large to be appointed by 
the Lieutenant Governor in Council. 

2. Area 1, represented by one member to be 
appointed jointly by the municipal coun- 
cils of, 

i. The Corporation of the Town of 
Parry Sound, 

ii. The Corporation of the Township 
of Christie, 

iii. The Corporation of the Township 
of Foley, 

iv. The Corporation of the Township 
of Humphrey, and 

V. The Corporation of the Village of 
Rosseau. 

3. Area 2, represented by one member to be 
appointed jointly by, 

i. the municipal councils of, 

A. The Corporation of the Town- 
ship of Carling, 

B. The Corporation of the Town- 
ship of Hagerman, 

C. The Corporation of the Town- 
ship of McDougall, 

D. The Corporation of the Town- 
ship of McKellar, and 

ii. the council of The Ojibways of the 
Henvev Inlet Indian Band. 



4. Area 3, represented by one member to be 
appointed jointly by the municipal coun- 
cils of, 

i. The Corporation of the Town of 
Powassan, 

ii. The Corporation of the Town of 
Trout Creek, 

iii. The Corporation of the Township 
of Nipissing, 



iv. The Corporation of the Township 
of North Himsworth, and 

V. The Corporation of the Township 
of South Himsworth. 

5. Area 4, represented by one member to be 
appointed jointly by the municipal coun- 
cils of, 

i. The Corporation of the Village of 
Magnetawan, 

ii. The Corporation of the Village of 
South River, 

iii. The Corporation of the Village of 
Sundridge, 

iv. The Corporation of the Township 
of Chapman, 

v. The Corporation of the Township 
of Joly, and 

vi. The Corporation of the Township 
of Machar. 

6. Area 5, represented by one member to be 
appointed jointly by the municipal coun- 
cils of, 

i. The Corporation of the Township 
of Armour, 

ii. The Corporation of the Village of 
Burks Falls, 

iii. The Corporation of the Town of 
Kearney, 

iv. The Corporation of the Township 
of McMurrich, 

v. The Corporation of the Township 
of Perry, 

vi. The Corporation of the Township 
of Ryerson, and 

vii. The Corporation of the Township 
of Strong. 

7. Area 6, represented by seven members to 
be appointed jointly by the municipal 
councils of all the municipalities for which 
the Board is established. O. Reg. 84/73, 
s. 2, part. 



70 DISTRICT WELFARE ADMINISTRATION BOARDS Reg. 243 

Form 1 

District Welfare Administration Boards Act , ,- 

APPLICATION FOR GRANT UNDER SECTION 10 OF THE ACT 

1. In accordance with section 10 of the Act, the District Welfare Administration Board for the 

District of , as established under section 3 of the Act, 

hereby applies for the grant computed in paragraph 3 of this Form to assist the Board to carry out the purposes of 
the Act during the first year of its establishment. 

2. The estimated expenditures of the Board to carry out the purposes of the Act during the first year, as 

approved by the Director on , are as follows : 

(date) 

Estimated Expenditure 
j^gj^ for the Year 



1 . Salaries: 

i. Welfare Administrator $ . 

ii. Other Staff $ . 

2 . Contributions to Pension Fund $ 

3. Travelling Expenses $ 

4. Allowances to Board members and their travelling and living expenses while 
attending meetings or engaged in the work of the Board $ 

5. Payments as approved by the Director for counselling services purchased 
on a contract or fee-for-service basis from an agency approved by the 
Director $ 

6. Payments for research or consultation on a contract or fee-for-service basis . $ 

7. Cost of transportation and incidental expenses of bringing persons to court 
under section 23 of Regulation 441 of Revised Regulations of Ontario, 1980 . $ 

8. Maintenance: 

i. Cost of providing office space $ . 

ii. Heat $ . 

iii. Utilities (telephone, electricity, gas, water) $. 

iv. Building maintenance — 

Supplies I . 

Extra care of premises $ . 

V. Office supplies and expenses $ . 

vi. Office equipment $ . 

9. Insurance $ 

10. Other (list items and estimated expenditures for each): 

$. 

$. 

Total $ . 



Reg. 243 DISTRICT WELFARE ADMINISTRATION BOARDS 71 

3. Computation of Grant 

50% of $ , 



(total of paragraph 2) 



4. Certificate: 

I certify that the information given and the statements made in this Form are true and correct and in 
accordance with the requirements of the Act and regulations. 

Dated at this day of 19 



(signature of chairman of board) 
R.R.O. 1970, Reg. 225, Form 1; O. Reg. 231/71, s. 5 (1-4). 



Reg. 244 DOG LICENSING AND LIVE STOCK AND POULTRY PROTECTION 



73 



REGULATION 244 

under the Dog Licensing and Live Stock and Poultry Protection Act 
APPLICATION FOR PAYMENT OF A GRANT 



1. Where a municipality has paid an award for 
damage ascertained under section 11 of the Act 
respecting damage by wolves, the municipality 
may apply in Form 1 to the Commissioner for a 
grant respecting such damage. O. Reg. 663/78, 
s. 1. 

MAXIMUM AMOUNTS OF COMPENSATION 

2. — (1) The following amounts are prescribed as 
maximum amounts for the purposes of subsection 1 1 
(14) of the Act: 

1. For a head of cattle, SI, 000. 

2. For a fur-bearing animal, SIOO. 

3. For a goat, $200. 

4. For a horse, S500. 

5. For poultry of one owner killed or injured in 
any year, $1,000. 

6. For a rabbit, $20 and for all rabbits of one 
owner killed or injured in any year, $1,000. 

7. For a head of sheep, $200. 

8. For a head of swine, $200. 

O. Reg. 693/79, s. l,part. 

(2) The following amounts are prescribed as 
maximum amounts for the purposes of subsection 24 
(3) of the Act: 

1. For honey bees, $35. 

2. For hive equipment, $75. 

O. Reg. 1007/80, s. 1. 



Form 1 

Dog Licensing and Live Stock and 
Poultry Protection Act 

APPLICATION FOR GRANT 

Application by . 



(Name of Municipality) 



to the Live Stock Commissioner for a grant to 
reimburse the Municipality for claim(s) for damage 
by wolves paid by the Municipality as follows: 

1. i. Name of owner of live stock or poultry .... 



ii. Address of owner 

Lot Con Township 

iii. Injured live stock — 

— kind injured 

— no. of head and estimated live weight of 
each head 



— compensation paid $ 

iv. Injured poultry — 

— kind injured 

— no. of pounds 

— compensation paid $ 

V. Killed live stock — 

— kind killed 

— no. of head and estimated live weight of 

each head 



-compensation paid $ 



vi. Killed poultry — 

— kind killed 

— no. of pounds 

— compensation paid $ 

vii. Date compensation paid 

2. i. Name of owner of live stock or poultry 



74 



DOG LICENSING AND LIVE STOCK AND POULTRY PROTECTION Reg. 244 



ii. Address of owner 

Lot Con Township 

iii. Injured live stock — 

— kind injured 

— no. of head 

— compensation paid ,S 

iv. Injured poultry — 

— kind injured 

— no. of pounds 

— compensation paid $ 

V. Killed live stock — 

— kind killed 

— no. of head 

— compensation paid $ 

vi. Killed poultry — 

— kind killed 



no. of pounds . 



— compensation paid $ 
vii. Date compensation paid . 



A copy of the report of the valuer with respect 
to each claim is attached hereto. Where there is 
evidence, that the damage was caused by wolves, 
(other than as set out in the valuer's report), such 
evidence is as follows: 



Dated at . 
19.. .. 



, this . 



. day of , 



(Clerk of the Municipality) 
O. Reg. 342/75, Form 1; O. Reg. 693/79, s. 2. 



Reg. 245 DOG LICENSING AND LIVE STOCK AND POULTRY PROTECTION 



75 



REGULATION 245 



under the Dog Licensing and Live Stock and Poultry Protection Act 



DOGS AT LARGE IN UNORGANIZED 
AREAS 

APPLICATION 

1. This Regulation applies to all territory without 
municipal organization. R.R.O. 1970, Reg. 226, s. 1. 

2. This Regulation does not apply to a dog that is, 

(a) muzzled in a manner that renders the dog 
incapable of biting anything ; or 

(b) in the custody or control of a person who is 
capable of ensuring that the dog will not harm 
any person or create a nuisance. R.R.O. 
1970, Reg. 226, s. 2. 

DOGS NOT TO RUN AT LARGE 

3. No owner of a dog shall allow the dog to run at 
large in any area mentioned in section 1. R.R.O. 
1970, Reg. 226, s. 3. 

4. — (1) Subject to subsection (6), a provincial 
offences officer, as defined in the Provincial Offences 
Act, in an area mentioned in section 1 may. 

(a) seize and impound any dog found running at 
large ; and 

(b) in his discretion , restore possession of the dog 
to the owner thereof where, 

(i) the owner claims possession of the 
dog within five days after the date of 
the seizure, and 

(ii) the owner pays to the provincial 
offences officer all expenses incurred 
in securing, caring for and feeding the 
dog. 

(2) Where, at the end of five days, possession of the 
dog has not been restored to the owner under subsec- 
tion (1), the provincial offences officer may sell the dog 
at public auction. 

(3) Where a dog is sold under subsection (2), the 
proceeds of the sale shall be applied, 

(a) to pay to the provincial offences officer all 
expenses incurred in securing, caring for and 
feeding the dog; 



(b) to pay all expenses of the public auction; 
and 

(c) to pay to the Treasurer of Ontario for 
deposit to the credit of the Consolidated 
Revenue Fund any balance of the proceeds. 

(4) Where the owner of a dog has not claimed the 
dog within five days of its seizure under subsection (1), 
and no bid has been received at a sale by public auc- 
tion, the provincial offences officer may kill or other- 
wise dispose of the dog as he sees fit at any time after 
the auction and no damages or compensation shall be 
recovered on account of its killing or other disposition. 

(5) Where the proceeds of the sale of a dog are 
insufficient to pay the expenses under clauses (3) (a) 
and (b), or a dog is killed or otherwise disposed of 
under subsection (4), the provincial offences o f fi ce r 
shall submit an account showing the amounts of the 
expenses and the sale price of the dog, if any, to the 
Minister and the Minister shall direct payment of the 
amount of the expenses less the sale price, if any. 

(6) Where, in the opinion of the provincial offences 
officer, a dog seized under subsection (1) is injured or 
should be destroyed without delay for humane reasohs 
or for reasons of safety to persons, the provincial 
offences officer may kill the dog as soon after seizure as 
he thinks fit without permitting any person to reclaim 
the dog or without offering it by public auction and no 
damages or compensation shall be recovered on 
account of its killing. R.R.O. 1970, Reg. 226, s. 4, 
revised. 

5. — { 1) Where a provincial offences officer is unable 
to seize a dog that is running at large contrary to the 
provisions of this Regulation, he may kill the dog. 

(2) Where a provincial offences officer finds a dog 
running at large contrar\- to the provisions of this 
Regulation and he believes that before he can seize the 
dog it may attack a human being, he may kill the dog. 

(3) Where any person finds a dog running at large 
contrary to the provisions of this Regulation and 
the dog is in the act of attacking or threatening to 
attack a human being, he may kill the dog. 

(4) No damage or compensation shall be recovered 
for the killing of a dog under this section. R.R.O. 
1970, Reg. 226, s. 5, revised. 



Reg. 246 



DRAINAGE 



77 



REGULATION 246 

under the Drainage Act 



FORMS 



1. The requisition for a drainage works referred 
to in subsection 3 (1) of the Act shall be in Form 1. 
O. Reg. 298/76, s. 1. 

2. The notice of the engineer's on-site meeting to 
examine the area referred to in subsection 3 (7) of the 
Act shall be in Form 2. O. Reg. 298/76, s. 2. 

3. The petition for a drainage works referred to in 
subsection 4 (2) of the Act, 

(a) shall be in Form 3 where it is filed by a per- 
son or persons referred to in clause 4 (1) (a) or 
(b) of the Act; 

(b) shall be in Form 4 where it is filed by the 
Director under clause 4 (1) (d) of the Act; or 

(c) shall be in Form 5 where it is filed by a per- 
son referred to in clause 4 (1) (c) of the 
Act. O. Reg. 298/76, s. 3. 

4. — (1) The by-law adopting the engineer's report 
referred to in subsection 45 (1) of the Act shall, 

(a) in the case of municipalities not within dis- 
trict or regional municipalities, be in Form 6; 
and 

(b) in the case of municipalities within district or 
regional municipalities, be in Form 7. 

(2) The borrowing by-law for use by district or reg- 
ional municipalities on behalf of an area municipality 
shall be in Form 8. O. Reg. 299/79, s. 1. 

5. The statement of the amount of compensation 
paid referred to in section 68 of the Act shall be in 
Form 9. O. Reg. 298/76, s. 5. 



Form 1 

Drainage Act 
REQUISITION FOR DRAINAGE WORKS 

To: 

Clerk of the of 



Sir: 



I am the owner of the following land: 



{Describe the land) 



and I require the construction (or improvement, 
as the case may be) of a drainage works, and the 
following lands and roads will be affected: 

{Describe each parcel of land to be affected 
and state the name of the owner thereof) 

and I request that an engineer be appointed by the 
council of the municipality and that he appoint a 
time and place at which he will attend and examine 
the area in order to make a report. 

X)ated this day of 19 



{Signature of party or parties) 

O. Reg. 298/76, Form 1. 



Form 2 

Drainage Act 

NOTICE OF 

APPOINTMENT FOR EXAMINATION BY 

ENGINEER 



To : {Name of owner) 

{address) 

You are hereby notified that . 



(name of engineer) 

appointed by the council of the 

of under the Drainage Act 

has fixed the hour of o'clock in the 

noon of the day of 

19 to attend at 



{name the place appointed) 

and to examine the area and site of the proposed 
drainage works, being: 

{Here describe the area and site) 



78 



DRAINAGE 



Reg. 246 



and you, as an owner of land affected, are requested 
to attend at such time and place. 

Dated this day of , 19 



(Signature of Clerk) 

O. Reg. 298/76, Form 2. 

Form 3 

Drainage Act 

PETITION FOR DRAINAGE WORKS 

We, being owners, as shown by the last revised 

assessment roll, of lands in the 



of. 



{Insert name of municipality or names of 
.requiring drainage, hereby petition 



municipalities) 

that the area more particularly described as follows ; 

{Describe the area) 

may be drained by means of a drainage works. 

Signature 

of Con. or 

Petitioners Part Lot Plan Municipality 



Petition filed this day of , 19 . 



(Clerk) 
O. Reg. 298/76, Form 3 

Form 4 

Drainage Act 

PETITION FOR DRAINAGE WORKS BY 
DIRECTOR 



may be drained by means of a drainage works. 

Dated at , this day of 

19 



(Director) 
O. Reg. 298/76, Form 4. 
Form 5 
Drainage Act 



PETITION FOR DRAINAGE WORKS BY 

ENGINEER OR ROAD SUPERINTENDENT 

OR PERSON HAVING JURISDICTION 

OVER ROAD 



I, 



Engineer or Road Superintendent or Person Having 
Jurisdiction over Road (as the case may be) for the 



.of 



I, 



the Director appointed under the Drainage Act, hereby 
petition that the area more particularly described as 
follows: 

{Describe the area) 



hereby petition that the area more particularly 
described as follows: 

{Describe the area) 

may be drained by means of a drainage works. 

Dated at , this day of 

19 

(Engineer or Road Superintendent) 

O. Reg. 298/76, Form S, revised. 

Form 6 

Drainage Act 

FORM OF BY-LAW 

For Use by Municipalities Not Within 
District or Regional Municipalities 

A by-law to provide for a drainage works in the 

of 

in the County of 

Whereas the requisite number of owners have 

petitioned the council of the 

of in the County of 

in accordance with the provisions of the Drainage Act 
requesting that the following lands and roads be 
drained by a drainage works: 

(set out description of lands and roads) 



Reg. 246 



DRAINAGE 



79 



And whereas the council of the . . . 
of in the County of. 



has procured a report made by . 
and the report is as follows: 



(here set out report) 

And whereas the estimated total cost of construct- 
ing the drainage works is $ 

And whereas $ is the amount to be 

contributed by the municipality for construction of 
the drainage works. 

And whereas $ is being assessed in 

the of 

in the County of 



(set out assessments in any additional 
municipality) 



And whereas the council is of the opinion that 
the drainage of the area is desirable. 



Therefore the council of the. 



of pursuant to the Drainage Act, 

enacts as follows: 

1. The report is hereby adopted and the drainage 
works as therein indicated and set forth is 
hereby authorized and shall be completed in 
accordance therewith. 

2. — (1) The Corporation of the 

of may borrow on the credit 

of the Corporation the amount of $ 

being the amount to be contributed by the 
municipality for construction of the drainage 
works less the total amount of, 

(a) grants received under section 85 of the 
Act; and 

(b) commuted payments made in respect of 
the lands and roads assessed. 

(2) The Corporation may issue debentures for the 
amount borrowed and such debentures shall be 

made payable within years from the 

date of the debenture and shall bear interest 
at a rate not higher than the rate charged by 



The Ontario Municipal Improvement Corpora- 
tion on the date of sale of such debentures. 



— (1) For paying the amount of $. 
being, 



(a) the amount assessed upon the lands and 
roads, except the lands and roads belong- 
ing to or controlled by the municipahty; 
and 

(b) the amount required to pay interest on the 
portion of the amount borrowed, repre- 
sented by the amount in clause a, 

less the total amount of, 

(c) grants received under section 85 of the 
Act; 

(d) moneys paid under subsection 61 (3) of the 
Act; and 

(e) commuted payments made in respect of 
the lands and roads assessed, 

a special rate shall be levied upon lands and 
roads as set forth in the Schedule to be collected 
in the same manner and at the same time as 
other taxes are collected. 

(2) The amount of the special rate levied upon 
each parcel of land or part thereof shall be 

divided into equal amounts and 

one such amount shall be collected in each 

year for years after the passing of 

this by-law. 

Schedule 



Concession 


Parcel of Land 

OR PART 

thereof 


Total 
Amount 
Assessed 




















Roads and Lands 
of Municipahty 




Total 







4. For paying the amount of $ being, 

(a) the amount assessed upon the lands and 
roads belonging to or controlled by the 
municipahty; and 



80 



DRAINAGE 



Reg. 246 



{b) the amount required to pay interest on the 
portion of the amount borrowed repre- 
sented by the amount in clause a, 

a special rate shall be levied upon the whole 
rateable property in the 

of in each year for 

years after the passing of this by-law to be 
collected in the same manner and at the same 
time as the other taxes are collected. 

5. All assessments of $ or less are pay- 
able in the first year in which the assessment 
is imposed. 

6. This by-law comes into force on the passing 



thereof and may be cited as " , 
By-law". 



First Reading 

Second Reading 

Provisionally adopted this . 
19.... 



. day of . 



Head of Municipality 
Clerk 



Third Reading 

Enacted this day of 19 ... . 

Head of Municipality 

Clerk 
O. Reg. 467/78, s. 2, part; O. Reg. 299/79, s. 2. 

Form 7 

Drainage Act 

FORM OF BY-LAW 

For Use by Municipalities Within 
District or Regional Municipalities 

A by-law to provide for a drainage works in the 

of 

in the District or Regional Municipality of 



Whereas the requisite number of owners have 

petitioned the council of the 

of in the District or Regional 

Municipality of in accordance 

with the provisions of the Drainage Act, requesting 
that the following lands and roads be drained by a 
drainage works: 

(set out description of lands and roads) ■ 

And whereas the council of the 

of . . ■. in the District or Regional 

Municipality of has procured 

a report made by and the 

report is as follows: 

(here set out report) 

And whereas the estimated total cost of construct- 
ing the drainage works is $ 

And whereas $ is the amount to be 

contributed by the municipality for construction of 
the drainage works. 

And whereas is being assessed 

in the of 

in the District or Regional Municipality of 



(set out assessments in any additional • 
municipality) 



And whereas the council is of the opinion that 
the drainage of the area is desirable. 

Therefore the council of the 



of pursuant to the Drainage 

Act, enacts as follows: 

1. The report is hereby adopted and the drainage 
works as therein indicated and set forth is 
hereby authorized, and shall be completed in 
accordance therewith. 

2.^(1) The Corporation of the 

of may borrow on the credit 



Reg. 246 



DRAINAGE 



81 



of the Corporation the amount of $ , 

being the amount to be contributed by the 
municipality for construction of the drainage 
works less the total amount of, 



(a) grants received under section 85 of the 
Act ; and 



(b) commuted payments made in respect of 
the lands and roads assessed. 



(2) The Corporation may arrange for the issue of 
debentures on its behalf for the amount 
borrowed and such debentures shall be made 

payable within years from the date 

of the debenture and shall bear interest at a 
rate not higher than the rate charged by 
The Ontario Municipal Improvement Corpora- 
tion on the date of sale of such debentures. 



— (1) For paying the amount of $. 
being. 



(a) the amount assessed upon the lands and 
roads, except the lands and roads belong- 
ing to or controlled by the municipality; 
and 

(b) the amount required to pay interest on the 
portion of the amount borrowed repre- 
sented by the amount in clause a, 

less the total amount of, 

(c) grants under section 85 of the Act ; 



(d) moneys paid under subsection 61 (3) of the 
Act; and 



(e) commuted payments made in respect of 
the lands and roads assessed, 

a special rate shall be levied upon lands and 
roads as set forth in the Schedule to be collected 
in the same manner and at the same time as 
other taxes are collected. 



(2) The amount of the special rate levied upon 
each parcel of land or part thereof shall be 

divided into equal amounts and one 

such amount shall be collected in each year 

for years after the passing of this 

by-law. 



Schedule 



Concession 


Parcel of Land 

OR PART 
THEREOF 


Total 

Amount 
Assessed 


























Roads and Lands 
of Municipality 




Total 







4. For paying the amount of $ , being, 

(a) the amount assessed upon the lands and 
roads belonging to or controlled by the 
municipality; and 

(6) the amount required to pay interest on the 
portion of the amount borrowed repre- 
sented by the amount in clause a, 

a special rate shall be levied upon the whole 

rateable property in the 

of in each year for 

years after the passing of this by-law to be 
collected in the same manner and at the same 
time as other taxes are collected. 

5. All assessments of $ or less are pay- 
able in the first year in which the assessment 
is imposed. 

6. This by-law comes into force on the passing 



thereof and may be cited as " 
By-law". 



First Reading 

Second Reading 

Provisionally adopted this .... day of . 
19.... 



Head of Municipality 



Clerk 



Third Reading, 



82 



DRAINAGE 



Reg. 246 



Enacted this day of. 

19.... 



Head of Municipality 



Clerk 
O. Reg. 467/78, s. 2,paH; O. Reg. 299/79, s. 3. 

l^orm 8 

Drainage Act 

For Use by District or Regional Municipalities 
Borrowing By-law of 

The Corporation of 

(hereinafter termed the regional municipality) 

A by-law to raise money for a drainage works 

in the of 

(hereinafter termed the area municipality) in the 



District or Regional Municipality of . . 

(hereinafter termed the regional municipality). 

Whereas the requisite number of owners have 

petitioned the council of the 

of in the District or Regional 

Municipality of in accordance 

with the provisions of the Drainage Act, requesting 
that certain lands and roads be drained by a drainage 
works. 

And whereas the said council has procured a 

report made by and has adopted 

such report. 

And whereas the estimated total cost of construct- 
ing the drainage works is $ 

And whereas $ is the amount to be 

contributed by the area municipality for construc- 
tion of the drainage works. 



And whereas the council of the area municipality 
has applied to the regional municipality to issue a 
debenture on its behalf in an amount not greater 
than the area municipality's liability in respect of 
the said drainage works. 

Therefore the council of the 

of enacts as follows: 

1. — (1) The Corporation of the 

of may borrow on the credit 

of the Corporation the amount of $ 

being the amount to be contributed by the 
area municipality for construction of the 
drainage works. 

(2) The Corporation may issue debentures for the 
amount borrowed and such debentures shall be 

made payable within years from the 

date of the debenture and shall bear interest 
at a rate not higher than the rate charged by 
The Ontario Municipal Improvement Corpora- 
tion on the date of sale of such debentures. 

2. This by-law comes into force on the passing 



thereof, and may be cited as " , 
By-law". 

First Reading 



Second Reading 

Provisionally adopted this .... day of . 
19.... 



Head of Municipality 



Clerk 

Third Reading 

Enacted this day of. . . 

19.... 



Head of Municipality 

Clerk 
O. Reg. 467/78, s. 2, part^ 



Reg. 246 



DRAINAGE 



83 



Form 9 

Drainage Act 

NOTICE OF COMPENSATION PAID 

Notice is hereby given that compensation for 
injury to or severance of lands affected by the 



Drainage Works" has been paid to the owners 
thereof in respect of the lands described herein in 
the amounts set out opposite the description of 
such lands. 



Concession 


Parcel of Land 
or part thereof 


Hectares 
affected 


Compensa- 
tion paid 



























Dated at this day of. 



19. 



(Clerk) 
O. Reg. 298/76, Form 7; O. Reg. 299/79, s. 4. 



Reg. 247 



DRAINAGE 



85 



REGULATION 247 

under the Drainage Act 



RULES OF PRACTICE AND PROCEDURE 

TO BE FOLLOWED IN 

ALL PROCEEDINGS BEFORE THE REFEREE 

1. In these Rules, 

(«) "county court clerk" means the clerk of 
the county court for the county in which 
the initiating municipality is situate ; 

{b) "office of the county court clerk" means 
the office of the county court for the 
county in which the initiating municipality 
is situate. R.R.O. 1970, Reg. 227, s. 1. 

2. All proceedings before the referee may be in- 
stituted by, 

(a) notice of appeal to the referee ; or 

(b) originating notice in the form of a notice of 
motion. R.R.O. 1970, Reg. 227, s. 2. 

3. — (1) Every notice originating proceedings be- 
fore the referee shall be endorsed with a notice, 

(a) requiring an appearance to be entered in 
the office of the county court clerk of the 
county in which the notice instituting the 
proceedings is filed ; and 

(6) in the following form : 

Take Notice that you are required 
within fifteen days after the service 
of this notice on you, inclusive of 
the day of service, to cause an 
appearance to be entered for you in 
the office of the clerk of the county 

court of the county of 

and in default of your so doing 
you -shall not be entitled to notice 
of any further proceedings herein. 

(2) In all proceedings before the referee the 
following style of cause shall be used : 



In the Court of the Drainage Referee 
Between A.B. Appellant 

and 
CD. Respondent 

R.R.O. 1970, Reg. 227, s. 3. 



4. Every notice instituting proceedings before the 
referee shall be filed in the office of the county court 
clerk. R.R.O. 1970, Reg. 227, s. 4. 

5. — (1) Where an appellant institutes proceedings 
in person, the notice instituting the proceedings shall 
be endorsed with the place of residence and oc- 
cupation of the appellant. 

(2) Where the appellant resides more than five 
miles from the office of the county court clerk, 
the notice instituting the proceedings shall contain 
the name and address of a nominee of the appellant 
and the address of the nominee shall not be more 
than five miles from the ofl&ce of the county court 
clerk. 

(3) All documents requiring to be personally 
served upon the appellant may be served upon the 
nominee of the appellant and service of the docu- 
ments on the nominee shall be deemed to be effective 
service upon the appellant. 

(4) Where an appellant who resides more than 
five miles from the office of the county court clerk 
fails to name a nominee or give the correct ad- 
dress of the nominee, any document requiring to be 
personally served upon the appellant shall be deemed 
to be effectively served if it is posted up in the office 
of the county court clerk. R.R.O. 1970, Reg. 227, 
s. 5. 

6. Where the Act or these Rules require that 
service of any document is to be made upon a 
municipal corporation, effective service of the 
document may be made by serving the document 
upon the head of the council of the municipality 
or upon the clerk of the municipal corporation. 
R.R.O. 1970, Reg. 227, s. 6. 

7. A notice by which any proceedings under the 
Act is instituted shall be deemed to have been 
effectively served upon a party respondent if 
service of the notice is accepted, and an undertaking 
to appear is given, by a solicitor on behalf of 
the party respondent. R.R.O. 1970, Reg. 227, s. 7. 

8. Where it is provided by the Act or these Rules 
that an affidavit of service of a copy of a document 
or of any notice shall be filed with the county court 
clerk, an acceptance of service by a solicitor may be 
filed in lieu of the affidavit of service. R.R.O. 1970, 
Reg. 227, s. 8. 

9. Where a respondent is served with a notice of 
appeal or other notice originating proceedings, other 
than a notice of motion on an application, the re- 
spondent shall enter an appearance within fifteen 
days after the service, including the day of service. 
R.R.O. 1970, Reg. 227, s. 9. 



86 



DRAINAGE 



Reg. 247 



10. A respondent shall enter an appearance by 
filing, with the clerk of the county court in whose 
office the notice of appeal or other notice instituting 
proceedings has been filed, a memorandum in 
writing requesting the entry of the appearance and, 

(a) stating the name and place of business of 
the solicitor by whom the memorandum is 
filed ; or 

(b) where the respondent appears in person, 
giving his address and his address for 
service, being not more than five miles 
from the office of the county court clerk. 
R.R.O. 1970, Reg. 227, s. 10. 

11. Where a memorandum of appearance does 
not contain the address of the respondent or the 
address of his solicitor or of a person nominated 

under subsection 5 (2), the memorandum of appear- 
ance shall not be filed and, where an address for ser- 
vice is illusory or fictitious, the appearance shall be set 
aside by the referee and thereafter, unless the referee 
otherwise orders, the appellant may proceed as if the 
respondent had not entered an appearance. R.R.O. 
1970, Reg. 227, s. 11. 

12. As soon as a memorandum of appearance is 
filed, the county court clerk shall enter the appearance 
in the procedure book. R.R.O. 1970, Reg. 227, s. 12. 

13. — (1) A respondent may enter an appearance 
at any time before judgment and, where a respondent 
enters an appearance after the time limited for enter- 
ing appearances, the respondent shall forthwith give 
notice of the appearance. 

(2) Where a respondent enters an appearance after 
the time limited for entering appearances and omits 
to give notice of the appearance, the appellant may 
proceed as if no appearance had been entered. 

(3) Where a respondent enters an appearance after 
the time Hmited for entering appearances, the terms 
as to costs or otherwise under which the appearance 
may be entered are in the discretion of the referee. 
R.R.O. 1970, Reg. 227, s. 13. 

14. Where there is default of appearance, the party 
in default is not entitled to notice of any further pro- 
ceedings other than the posting up of documents in the 
office of the county court clerk. R.R.O. 1970, Reg. 
227, s. 14. 

15. — (1) The appellant may, within ten days after 
the respondent has entered an appearance or within 
ten days of the time limited for entering appear- 
ances, move before the referee, after giving seven 
clear dajrs notice, for an order fixing the procedure to 
be followed. 

(2) Where the appellant fails to move for an order 
fixing the procedure to be followed within the time 
limit prescribed in subsection (1), any party to the 
proceedings may apply to the referee, on seven clear 
days notice to the other parties to the proceedings, for 
an order fixing the procedure to be followed. 



(3) Where an application for an order fixing the 
procedure to be followed has been made, the referee, 
unless he has reason for postponing the giving of 
directions as to any proceedings, shall make an order, 

(a) directing all the subsequent proceedings 
to be taken by all parties ; and 

(b) fixing the times for the proceedings, 

and the provisions of the order shall be carried out 
by praecipe orders issued by the clerk of the coimty 

court -in whose office the order is filed. R.R.O. 
1970, Reg. 227, s. IS. 

16. Any party to the proceedings may, after the 
time for entering appearances has expired, apply 
to the referee for a date for the hearing. R.R.O. 
1970, Reg. 227, s. 16. 

17. A copy of the order under subsection IS (3) and 
of any other orders or appointments made by the 
referee shall be forthwith served upon the other party, 
or parties, and filed with the county court clerk in 
whose office the proceedings are pending. R.R.O. 
1970, Reg. 227, s. 17. 

18. Where an application is made under the Act 
upon affidavit, copies of the affidavit and of notice of 
the application shall be served, and any party may, 
upon being served, apply to the referee for an 
order fixing the procedure in the same manner and 
with the same results as provided for in section 15 
and, where an application for an order of procedure 
is not made, affidavits in answer shall be filed and 
served within ten days after service of the notice 
and affidavits in reply shall be filed and served 
within ten days after the service of the affidavits 
in answer. R.R.O. 1970, Reg. 227, s. 18. 

19. Where, in the opinion of the referee, it is de- 
sirable for the due dispatch of business and for the 
public convenience to appoint fixed dates for sittings, 
the referee shall appoint dates for sittings in such 
counties as he considers advisable and he shall notify 
the clerk of the county court in each of the counties 
for which dates for sittings have been appointed and 
each clerk so notified shall cause notice of the dates 
for sittings to be posted up in his office. R.R.O. 
1970, Reg. 227, s. 19. 

20. — (1) Except as provided in subsection (2), a 
party is not entitled, unless the referee so directs, to 
examine for discovery the engineer or surveyor who 
prepared a report in respect of the drainage works 
in question. 

(2) Where the proceeding is to quash a by-law 
passed under the Act or is an appeal from the report 
of an engineer or surveyor, the referee may, upon the 
request of an appellant, permit the examination for 
discovery of the engineer or surveyor who prepared 
the report. R.R.O. 1970, Reg. 227, s. 20. 

21. Where sittings have been appointed as pro- 
vided in section 19, any party affected may bring 



K.eg. 247 



DRAINAGE 



87 



on for trial or hearing at the sittings any action 
or proceedings under the Act by giving to the 
other party, or parties, affected fourteen days notice 
and by setting the action or proceedings down for 
trisj by praecipe order to the clerk of the county 
court not less than six clear days before the date 
appointed for the sittings. R.R.O. 1970, Reg. 227, 
s. 21. 

22. Notwithstanding sections 2 to 21, the referee 
may, upon an application being made to him, appoint 
a special date for the trial or hearing of any action or 
proceedings under the Act. R.R.O. 1970, Reg. 227, 
s. 22. 

23. Unless the referee otherwise directs, the party 
instituting the proceedings shall, at least six days 
before the trial, deposit with the clerk of the county 
court for the use of the referee a certified copy of the 
notice initiating the proceedings together with aU 
orders, all defences and objections to the appeal or 
reference and any other documents filed relating to 
the issues to be tried. R.R.O. 1970, Reg. 227, s. 23. 

24. — (1) Where a municipal corporation is a party 
in a trial of any proceedings under the Act, the muni- 
cipal corporation shall, unless otherwise ordered by 
the referee, produce at the hearing all documents 
within its possession or control relating to the 
drainage works, including all reports, plans, specifica- 
tions, assessments, by-laws, provisional by-laws, 
resolutions, correspondence and copies of notices 
sent to ratepayers entitled to notice. 

(2) The referee may require the production of all 
documents, referred to in subsection (1), by any 
municipality whether or not the municipality is a party 
in any proceedings before him. 

(3) Where the referee requires a copy, or copies, of 
the evidence taken by a stenographic reporter during 
a trial of proceedings under the Act, the party 
initiating the proceedings shall supply the copy, or 
copies, of the evidence and, unless the referee 
otherwise orders, the costs of the copy, or copies, of 
the evidence shall be taxed in the cause. R.R.O. 
1970, Reg. 227, s. 24. 

25. Non-compliance with these Rules shall not 
nullify any notice or any other proceedings unless the 
referee otherwise directs, but any notice or any other 
proceedings may be set aside by the referee either 
wholly or in part as irregular. R.R.O. 1970, Reg. 
227, s. 25. 

26. In any hearing before the referee where viva 
voce evidence is to be tendered and where the 
initiating municipality or any other municipality 
that has procured a report for repair or improve- 
ment of a drainage works is a party to the 
proceedings, the municipality shall ensure the at- 
tendance at the hearing of the engineer who made 
the latest report to the council of the municipality in 
respect of the drainage works. R.R.O. 1970, Reg. 
227, s. 26. 



27.— (1) Where, 

(a) a municipality is a p>arty ; and 

[b) an engineer who has reported to the 
municipality in respect of the drainage 
works is present, 

the referee may, at the commencement of a hearing 
and before any evidence is tendered, call upon the 
engineer to give evidence in respect of such matters 
within his knowledge as the referee considers likely to 
be of assistance in delineating the issues in dispute, 
and the engineer when called upon by the referee shall 
be regarded as an expert witness called by the court 
and shall not, while giving the evidence, be eligible 
to be examined or cross-examined by any of the 
parties. 

(2) Where an engineer is called upon to give 
evidence under subsection (1) by the referee, the 
engineer is eligible to be called upon at a later 
stage of the hearing as a witness for any party to the 
proceedings. R.R.O. 1970, Reg. 227, s. 27. 

28. An application to set aside any proceedings 
because of irregularity shall be made within thirty 
days and the referee may disallow such an application 
where the party making the application has taken a 
fresh step after knowledge of the irregularity. 
R.R.O. 1970, Reg. 227, s. 28. 

29. Unless the referee otherwise orders, there shall 
be at least seven clear days between the service of a 
notice of a motion and the day for a hearing. R.R.O. 
1970, Reg. 227, s. 29. 

30. The referee may increase or decrease the time 
appointed by these Rules, or fixed by order, for doing 
any act or taking any proceedings upon such terms as 
the referee considers just, and any increase or decrease 
of time may be ordered although the application for 
the increase or decrease is not made until after the 
expiration of the time appointed or allowed. 
R.R.O. 1970, Reg. 227, s. 30. 

31. Every county court clerk shall, at the request 
of any party and upon receiving a praecipe for the 
purpose and payment of the necessary postage and 
express charges for the transmission and return 
of the same, transmit to the referee the proceedings 
on file in his office. R.R.O. 1970, Reg. 227, s. 31. 

32. Unless by consent of the parties or by leave of 
the referee, no trial shall take place or motion be heard 
during the long vacation or the Christmas vacation as 
prescribed in rule 179 of Regulation 540 of Revised 
Regulations of Ontario, 1980, being the Rules of- Prac- 
tice and Procedure of the Supreme Court of 
Ontario. R.R.O. 1970, Reg. 227, s. 32. 

33. The referee may fix the amount of fees 
and expenses to be allowed as between party and party 
for a professional or expert witness or witnesses. 
R.R.O. 1970, Reg. 227, s. U. 



Reg. 248 



DRUGLESS PRACTITIONERS 



89 



REGULATION 248 

under the Drugless Practitioners Act 



CHIROPRACTORS 

INTERPRETATION 

1. In this Regulation, 

(a) "Board" means The Board of Directors of 
Chiropractic ; 

(6) "secretary-treasurer" means the secretary- 
treasurer of the Board. R.R.O. 1970, Reg. 
228, s.l. 

REGISTRATION 

2. The secretary-treasurer shall maintain a regis- 
ter of persons admitted to practise as chiropractors. 
R.R.O. 1970, Reg. 228, s. 2. 

3. The secretary-treasurer shall register as a chiro- 
practor any person who, 

(a) is of good moral character ; 

(b) is at least eighteen years of age; 

(c) has passed the examinations prescribed by 
section 17; and 

(d) has paid the registration fee prescribed by 
clause 8 (a). R.R.O. 1970, Reg. 228, s. 3. 

4. The secretary-treasurer may register any person 
who, 

(a) complies with the requirements of subsection 
19(1); 

(b) has passed the examinations prescribed by 
the Canadian Chiropractic Examining 
Board, or any predecessor thereof, for the 
subjects mentioned in section 17; and 

(c) pays the registration fee prescribed by clause 
8 (a). R.R.O. 1970, Reg. 228, s. 4; O. Reg. 
497/74, s. 1. 

5. The secretary-treasurer shaU register any per- 
son who, 

(a) is registered as a chiropractor in a juris- 
diction, 

(i) outside Ontario under regulations 
similar to this Regulation, and 

(ii) in which jjersons registered as chiro- 
practors under the Act may register 
without examination; and 



ib) pays the registration fee prescribed by clause 
8 (a). R.R.O. 1970, Reg. 228, s. 5. 

6. — (1) The registration of a chiropractor expires 
with the first Monday in February in each year. 

(2) The secretary-treasurer shall renew the regis- 
tration for one year where the chiropractor pays the 
renewal fee prescribed by clause 8 (b). R.R.O. 1970, 
Reg. 228, s. 6. 

7. — (1) Where a registered chiropractor fails to 
pay the renewal fee on or before the expiry date, 
the secretary-treasurer shall notify the chiropractor 
by registered mail addressed to his last known 
address appearing on the register that his registration 
has expired. 

(2) Where a chiropractor whose registration has 
expired pays the fee prescribed by clause 8 (c), within 
two years of the expiry date the secretary-treasurer 
shall register the chiropractor. R.R.O. 1970, Reg. 
228, s. 7. 

8. The fees to be paid by a chiropractor are, 

(a) on registration, $40; 

(b) on renewal of registration, $125; and 

(c) where his registration has expired, for 
each year or part of a year that has passed 
since the date of expiry of registration, 
$200. R.R.O. 1970, Reg. 228, s. 8; O. Reg. 
570/72, s. 1; O. Reg. 7/77, s. 1. 

9. Where a registration has not been renewed 
and more than two consecutive years have passed 
since the date of expiry of the registration, the 
Board may re-register the chiropractor if he, 

(a) pays the fee prescribed by clause 8 (c); 

(b) passes such examinations as the Board may 
prescribe ; and 

(c) submits proof in a form satisfactory to the 
Board of his competence as a chiropractor. 
R.R.O. 1970, Reg. 228, s. 9. 



DISCIPLINE 

10. — (1) The Board may, after a hearing, suspend 
or cancel the registration of any person found to be 
guilty of misconduct or to have been ignorant or 
incompetent. 



90 



DRUGLESS PRACTITIONERS 



Reg. 248 



(2) Before holding the hearing, the Board shall 
send by registered mail to the chiropractor at his 
last known address apf)earing on the register, a 
notice, 

(a) giving the details of the alleged misconduct, 
ignorance or incomp)etence and the nature 
of the evidence in support thereof; and 

(b) appointing the date, time and place for the 
hearing. 

(3) The Board shall allow at least ten clear days 
between the date of sending the notice and the date 
for the hearing. 

(4) If the chiropractor fails to attend the hearing 
on the date and at the time and place appointed, 
the hearing may proceed and a decision may be made 
in his absence. 

(5) At the hearing, the chiropractor is entitled to 
hear the evidence against him, to cross-examine 
thereon, to call witnesses in his behalf and to present 
his argument. 

(6) The chiropractor may be represented at the 
hearing by counsel or by an agent. 

(7) Where the Board decides to suspend a registra- 
tion, the period of suspension shall not be longer than 
three months. R.R.O. 1970, Reg. 228, s. 10. 

11. — (1) The Board may appoint an inspector for 
the investigation of complaints made against a chiro- 
practor. 

(2) The inspector shall investigate a written com- 
plaint that a chiropractor has been guilty of mis- 
conduct or diplayed such ignorance or incompetence 
as to render it desirable in the public interest that 
his registration be cancelled or suspended. 

(3) The inspector shall report to the Board on 
every investigation made by him. R.R.O. 1970, 
Reg. 228, s. 11. 

12. — (1) No chiropractor shall publish, display, 
distribute or cause or permit directly or indirectly, 
the publishing, display, distribution or use of any 
notice, advertisement or material of any kind 
whatsoever related to the practice of chiropractic 
containing anything other than his name, address, 
telephone number, office hours, professional title, 
without first submitting the proposed notice, ad- 
vertisement or material to the Board which may 
grant or refuse permission to publish, distribute or 
use such notice, advertisement or material. 

(2) A chiropractor who contravenes subsection (1) 
shall be deemed guilty of misconduct within the 
meaning of this Regulation. 



(3) A chiropractor who publishes, displays, dis- 
tributes or causes or permits, directly or indirectly 
the publishing, display, distribution or use of any 
advertisement, notice or material of any kind 
whatsoever that contains falsehoods, misrepresenta- 
tions, misleading or distorted statements as to 
bodily functions or malfunctions of any kind, or as 
to cures by any method of treatment used by him 
or as to his training, qualifications or attainments, 
shall be deemed guilty of misconduct within the 
meaning of this Regulation. O. Reg. 184/76, s. 1. 

DESIGNATIONS 

13. No person other than a chiropractor registered 
under the Act shall advertise or use any title or add 
any affix to his name signifying that he is qualified 
to practise as a chiropractor. R.R.O. 1970, Reg. 
228, s. 12. 



14. As an occupational designation, chiropractors 
may describe themselves as chiropractors only. 
R.R.O. 1970, Reg. 228, s. 13. 

ALLOWANCE FOR BOARD 

15. The per diem allowance for, 

(a) members of the Board, not including the 
Chairman, is $200; and 

(b) for the Chairman, is $225, 

together with their necessary travelling and other 
expenses while actually engaged on the business of the 
Board. O. Reg. 1081/80, s. 1. 



16. The accounts of the Board shall be audited 
annually by a chartered accountant. R.R.O. 1970, 
Reg. 228, s. 15. 

EXAMINATIONS 

17. — (1) The Board shall prescribe examinations 
for the admission of chiropractors to practise in 
Ontario, upon the subjects prescribed by subsec- 
tion (2). R.R.O. 1970, Reg. 228, s. 16 (1). 

(2) The subjects for examination are, 

(a) anatomy; 

(b) neurology; 

(c) physiology; 

(d) bacteriology; 

(«) physiological chemistry ; 
(/) hygiene and sanitation ; 



Reg. 248 



DRUGLESS PRACTITIONERS 



91 



(g) diagnosis and symptomatology ; 

(A) pathology ; and 

(i) principles of practice, technique and treat- 
ment. R.R.O. 1970, Reg. 228, s. 16(2); 
O. Reg. 497/74, s. 3. 

(3) The examination on the subjects mentioned in, 

(a) clauses (2) (a) to (h) shall be written; and 

(b) clause (2) (i) shall be written and oral. 
R.R.O. 1970, Reg. 228, s. 16 (3). 

18. — (1) The Board shall conduct or cause to be 
conducted examinations at least once a year. 

(2) The Board shall conduct or cause to be con- 
ducted supplemental examinations within four months 
after the examinations referred to in subsection (1) are 
held. R.R.O. 1970, Reg. 228, s. 17. 

19. — (1) Any person who, 

(a) is of good moral character ; 

(b) is the holder of an Ontario Secondary 
School Honour Graduation Diploma of the 
General Course or a comparable standing as 
determined by the Minister of Health; and 

(c) has graduated from a school referred to in 
section 26, 

may apply to the secretary-treasurer as a candidate 
for the examinations. R.R.O. 1970, Reg. 228, 
s. 18 (1) ; O. Reg. 497/74, s. 4 (1). 

(2) Application for examination shall be made in 
Form 1 to the secretary-treasurer at least thirty 
days before the examination is to be held. 

(3) The application shall be accompanied by, 

(a) two letters of character ; 

(b) an Ontario Secondary School Honour 
Graduation Diploma of the General Course, 
or a certificate of equivalent standing as 
determined by the Minister of Health; 

(c) a certificate in Form 2 from the head of the 
teaching staff of a school referred to in 
section 26; and 

(d) the examination fee prescribed by sec- 
tion 22. R.R.O. 1970, Reg. 228, s. 18 
(2, 3). 

(4) Where a candidate has passed the examination 
prescribed by the Canadian Chiropractic Ex- 



amining Board, or any predecessor thereof, in 
one or more of the subjects mentioned in sec- 
tion 17, the Board may, without examination, 
give the candidate credit for any subjects so 
passed. O. Reg. 497/74, s. 4 (2). 

(5) The Board shall review the application and, if 
it complies with the provisions of this Regulation, 
the Board shall cause the secretary-treasurer to 
notify the candidate of the time and place fixed for 
the examination. R.R.O. 1970, Reg. 228, s. 18 (5). 

20. — (1) A person who has, 

(a) been notified under subsection 19 (S); and 

(b) paid the fee prescribed by section 22, 
may try the examinations. 

(2) A person who has, 

(a) tried the examinations ; 

(b) failed in three subjects or fewer; and 

(c) paid the examination fee prescribed by sec- 
tion 22, 

may try at a supplemental examination the subjects 
in which he has failed. R.R.O. 1970, Reg. 228, s. 19. 

21. A candidate for examination or supplemental 
examination shall be allowed, 

(a) 1 Yi hours for each subject written ; and 

{b) thirty minutes for the oral examination. 
R.R.0. 1970. Reg. 228, s. 20. 

FEES ON EXAMINATION 

22. A person shall pay on examination a fee, 

(a) not exceeding $50 ; and 

(b) calculated on the basis of, 

(i) $10 for each subject at an examina- 
tion, and 

(ii) $20 for each subject at a supple- 
mental examination. R.R.O. 1970, 
Reg. 228, s. 21. 

EXAMINERS 

23. — (1) At least three months before the date of 
an examination or supplemental examination, the 
Board shall appoint sufficient examiners, including 
a presiding examiner, to conduct the examination. 

(2) No person shall be appointed as a presiding 
examiner unless he is a member of the Board. R.R.O. 
1970, Reg. 228, s. 22. 



92 



DRUGLESS PRACTITIONERS 



Reg. 248 



24. The Board shall pay a presiding examiner or an 
examiner, 

(a) $15 for the examination on each subject 
over which the examiner presides; 

(b) $ 1 2 . 50 for each half day or less during which 
the examiner conducts an oral examina- 
tion; 

(c) an amount equal to the amount spent by 
the examiner for travelling and living 
expenses while acting as examiner ; and 

(d) $1 for each written examination that the 
examiner reads and marks. R.R.O. 1970, 
Reg. 228, s. 23. 

25. — (1) The presiding examiner shall, 

(a) prepare with the assistance of the examiners 
the examination paj)er for each subject; 

(b) submit the examination paper prepared 
under clause (a) to the Board; and 

(c) conduct the examination at the time set 
by the Board. 

(2) No paper shall be submitted to a candidate 
for examination unless the examination paper has 
been approved by the Board. R.R.O. 1970, Reg. 
228, s. 24. 

SCHOOLS FOR CHIROPRACTORS 

26. — (1) An applicant for examination shall com- 
plete a course of instruction in a training school, 

(a) in Ontario that conducts a course in chiro- 
practic as set out in subsection (2); or 

(b) in any jurisdiction outside of Canada 
that, 

(i) conducts a course in chiropractic as 
set out in subsection (2), and 

(ii) is accredited by the Accreditation 
Commission of the Council on 
Chiropractic Education. R.R.O. 
1970, Reg. 228, s. 25(1); O. Reg. 
497/74, s. 5. 

(2) The course in chiropractic shall include not 
less than four academic years of nine months each 
with at least 4.200 hours of instruction in the follow- 
ing subjects : 

1 . Anatomy, including dissection. 

2. Physiology. 

3. Chemistry. 



4. Medical jurisprudence. 

5. Pathology. 

6. Psychology. 

7. Ophthalmology. 

8. Otolaryngology. 

9. Histology. 

10. Dietetics. 

1 1 . Diagnosis and symptomatology. 

12. Radiology. 

13. First aid and minor surgery. 

14. Psychiatry. 

15. Bacteriology. 

16. Hygiene and sanitation. 

17. Obstetrics. 

18. Clinical training. 

19. Principles of practice, technique and treat- 
ment. R.R.O. 1970, Reg. 228, s. 25 (2). 

Form 1 

Drugless Practitioners Act 



APPLICATION FOR REGISTRATION AS A 
CHIROPRACTOR BY EXAMINATION 

To : The Secretary-Treasurer. 

Board of Directors of Chiropractic. 



(name) 



(address) 

apply for registration as a chiropractor and in support 
submit the following information : 



1 . Date and place of birth : 

2. Address: 



(post office) (province) 

3. My preliminary education comprised : 



Reg. 248 



DRUGLESS PRACTITIONERS 



93 



4. I graduated from the Chiropractic 

School or College at 



5. I attended the following lectures at the School 
or College mentioned in paragraph 4 and I hold 
certificates in the following optional courses : 



Date. 



..day of , 19 

(signature of applicant) 
R.R.O. 1970, Reg. 228, Form 1. 



Form 2 

Drugless Practitioners Act 

CERTIFICATE OF EDUCATION 
IN CHIROPRACTIC 



I, 



(name) 

head of the teaching staff of . . 
hereby certify that . . 



(school or college) 



(name of graduate) 
has successfully completed the course in chiropractic 
at 



Date. 



(school or college) 
. . . day of 



., 19.... 



(signature) 
R.R.O. 1970, Reg. 228, Form 2. 



Reg. 249 



DRUGLESS PRACTITIONERS 



95 



REGULATION 249 



under the Drugless Practitioners Act 
CLASSIFICATIONS (c) the use of thermal or ultra-violet lamps. 



CHIROPRACTORS 

1. — (1) Persons who follow the system of treat- 
ment prescribed by subsection (2) are classified as 
chiropractors. 

(2) The system of treatment that may be followed 
by chiropractors is the treatment of persons by the 
relief of interference with the normal functioning of 
the nervous system of the body by the adjustment 
or the manipulation or both of the articulations 
and the tissues thereof, more especially those of the 
spinal column and when necessary with the aid of, 

(a) exercise; 

(b) light; 

(c) thermotherapy ; 

(d) hydrotherapy ; or 

{e) electrotherapy. R.R.O. 1970, Reg. 229, 
s. 1. 

MASSEURS 

2. — (1) In this section "association" includes a 
club, corporation or unincorporated organization. 

(2) Persons who follow the system of treatment pre- 
scribed by subsection (3) are classified as masseurs. 

(3) The system of treatment that may be followed 
by masseurs is the treatment of persons by, 

(a) the kneading, rubbing and massaging of the 
body, but without adjusting or attempting 
to adjust any bony structure thereof ; 

(6) the use of steam baths, electric baths, 
electric light baths, vapour baths or fume 
baths ; and 



(4) Subsection (2) does not apply to a trainer who is 
employed by an athletic association for services 
rendered by him to members of the athletic association 
during their training or playing season. R.R.O. 
1970, Reg. 229, s. 2. 

PHYSIOTHERAPISTS 

3. — (1) In this section "prescription" means a 

direction of a duly qualified medical practitioner 

directing a physiotherapist to treat a named 
person. 

(2) Persons who follow the system of treatment 
prescribed by subsection (3) are classified as 
physiotherapists. 

(3) The system of treatment that may be followed 
by physiotherapists is the treatment of p)ersons, 

(a) in the case of a physiotherapist registered 
under the Act on the 31st day of January, 
1955; and 

(b) in the case of a physiotherapist registered 
after the date mentioned in clause (a), upon a 
prescription, 



by. 



(c) the massaging and manipulating of the 
body; 

(d) the use of, 

(i) radiant energy, except radiant and 
electrical energy from radio active 
materials or X-ray machines, and 

(ii) mechanical energy; and 

{e) the exercising of the body in any suitable 
medium. R.R.O. 1970, Reg. 229, s. 3. 



Reg. 250 



DRUGLESS PRACTITIONERS 



97 



REGULATION 250 

under the Drugless Practitioners Act 



GENERAL 



INTERPRETATION 



1. In this Regulation, 

(a) "Board" means The Board of Directors of 
Drugless Therapy ; 

(b) "drugless therapist" means any person who 
practises or advertises or holds himself out in 
any way as p-actising the treatment by diag- 
nosis, including all diagnostic methods, 
direction, advice, written or otherwise, of 
any ailment, disease, defect or disability of 
the human body by methods taught in 
colleges of drugless therapy or naturopathy 
and approved by the Board ; 

(c) "osteopath" means any person who prac- 
tises or advertises or holds himself out in any 
way as practising the treatment by diag- 
nosis, including all diagnostic methods, 
direction, advice, written or otherwise, of 
any ailment, disease, defect or disability of 
the human body, by methods taught in 
colleges of osteopathy and approved by 
the Board. R.R.O. 1970, Reg. 230, s. 1. 



REGISTRATION 

2. Any person being eighteen years of age may 
apply to the Board for registration as a drugless 
therapist. R.R.O. 1970, Reg. 230, s. 2. 

CLASSIFICATIONS 



3. Drugless therapist is a classification. 
1970, Reg. 230, s. 3. 



R.R.O. 



SCHOOLS AND COLLEGES 

4. No school or college teaching drugless therapy 
shall be approved by the Board, whose course of 
instruction is less than four years of nine months in 
each year and unless it teaches a minimum course 
of at least 4,200 fifty-minute hours or its equivalent 
in the subjects of, 

Anatomy (including all branches, gross Anatomy, 

Dissection, etc.) 
Physiology 
Chemistry 

Medical Jurisprudence 
Pathology 
Psychology 



Eye, Ear, Nose and Throat 

Histology 

Dietetics 

Diagnosis 

First Aid and Minor Surgery 

Psychiatry 

Gynecology 

Bacteriology 

Hygiene and Sanitation 

Symptomatology 

Obstetrics 

Principles of Practice, Technique and Treatment. 

R.R.O. 1970, Reg. 230, s. 4. 



5. — (1) There shall be paid for the purposes of the 
Board, 

(a) with each application for registration as a 
drugless therapist, a fee of $75 ; and 

(6) with each appUcation for renewal of any 
such registration, a fee of $25 plus an 
additional fee of $25 for each year that the 
registration was not renewed. 

(2) An additional fee of $15 shall be paid with each 
application for renewal received after the 30th day 
of January in any year. R.^.O. 1970, Reg. 230, 
s. 5. 



6. This Regulation does not apply to or affect 
trainers for athletic or sporting clubs or associations 
so long as they confine their services to members of 
such clubs or associations during their training or 
playing season. R.R.O. 1970, Reg. 230, s. 6. 



REGISTRATION 

7. — (1) Every drugless practitioner shall register 
with the Board. 

(2) Applications for registration shall be in writing 
on a form approved by the Board, verified by affidavit 
and shall set forth, 

(a) classification under which registration is 
desired ; 

(6) preliminary education of the applicant prior 
to admission to college or graduation ; 



98 



DRUGLESS PRACTITIONERS 



Reg. 250 



(c) name and post office address of the college of 
graduation ; 

(d) actual time of attendance at lectures in the 
college of graduation, subjects taught and 
the number of lecture hours devoted to each 
subject ; 

(«) references to character, professional status 
and efficiency in practice ; and 

(/) any other information required by the 
Board, 

and every such application shall be accompanied by 
the prescribed fee. 

(3) Every registration and renewal thereof shall 
remain in force until the end of the calendar year. 
R.R.O. 1970, Reg. 230, s. 7. 

8. A drugless practitioner is entitled to renew his 
registration upon making application therefor and 
paying the prescribed fee. R.R.O. 1970, Reg. 230, 
s. 8. 

9. — (1) A drugless therapist shall be entitled to 
renew his registration upon making application 
therefor and paying the prescribed fee as set out in 
clause 5 (1) (b) and subsection 5 (2), provided the appli- 
cation for renewal is made within two years from the 
date of expiry of the said registration. 



(2) Where a drugless therapist has failed to 
renew his registration for two years, he may renew 
his registration by, 

(a) submitting an application for registration 
on a form approved by the Board ; 

{b) passing such examinations as the Board 
may prescribe ; and 

(c) paying the fee prescribed in clause 5 (1) (b) for 
an application for registration. R.R.O. 
1970, Reg. 230, s. 9. 

10. A certificate of registration and of every 
renewal thereof shall be issued to the applicant. 
R.R.O. 1970, Reg. 230, s. 10 

11. Any person who commences a course of 
instruction for the purpose of qualifying to praciise as 
a drugless practitioner shall, within thirty days from 
the commencement of such a course, register in the 
office of the secretary of the Board stating what course 
he is taking but the Board may extend the time for 
registration. R.R.O. 1970, Reg. 230, s. 11. 



12. The Board may make reciprocal arrangements 
with other bodies, councils or boards governing drug- 
less practitioners in jurisdictions outside Ontario, 



under which the qualifications to practise in such 
jurisdiction may be recognized as qualifications to 
practise in Ontario, and qualifications to practise in 
Ontario may be recognized as qualifications to prac- 
tise in such jurisdiction. R.R.O. 1970, Reg. 230, 
s. 12. 

13. — (1) The Board may, in its absolute discretion 
and in such circumstances and on such conditions as it 
considers advisable, remit all or part of the registration 
and renewal fees of any registrant who has lost his eye- 
sight. 

(2) The Board may, in its absolute discretion, remit 
all or part of the renewal fees of any registrant who, by 
reason of physical disability, illness or absence from 
Ontario, discontinues practise in Ontario for a period 
of not less than one year. R.R.O. 1970, Reg. 230, 
s. 13. 

EXAMINATIONS 

14. There shall be one regular examination, and 
when necessary one supplemental examination in 
each year, on dates to be fixed by the Board. R.R.O. 
1970, Reg. 230, s. 14. 

15. — (1) If an apphcant fails on more than three 
subjects, he is not eligible for re-examination until the 
following year. 

(2) An applicant for supplemental examinations 
shall be allowed to write on only three subjects on such 
supplemental examinations, except by permission of 
the Board. R.R.O. 1970, Reg. 230, s. 15. 

16. — (1) No candidate is eligible to try any exam- 
i nation until his candidature has been approved by the 
Board. 

(2) The approval may be given upon proof of the 
candidate having taken the proper course at any of the 
schools or colleges approved by the Board, or upon 
proof of such other course or courses of instruction, 
both in professional subjects and in academic or secon- 
dary subjects, as in each case is satisfactory to the 
Board. R.R.O. 1970, Reg. 230, s. 16. 

17. There shall be paid with each application for 
examination and with each application for supple- 
mental examination a fee of $25 for each examination 
or supplemental examination paper but the total 
examination fee for any regular or supplemental 
examination shall not exceed $100. R.R.O. 1970, 
Reg. 230, s. 17. 



SUBJECTS 

18. The subjects of examination shall be, 

(a) foundational subjects: anatomy, histology, 
physiology, bacteriology, chemistry, hy- 
giene and sanitation, diagnosis, symptom- 
atology, pathology, gynecology ; and 



Reg. 250 



DRUGLESS PRACTITIONERS 



99 



(b) subjects special to principles of practice, 
technique and treatment for drugless ther- 
apy. R.R.O. 1970, Reg. 230, s. 18. 

19. The examinations shall consist of written, oral 
and clinical examinations in each subject. R.R.O. 
1970, Reg. 230, s. 19. 

20. There shall be two examination periods in 
each day from 9.00 a.m. to 11.30 a.m., and from 
1.30 p.m. to 4.00 p.m., but the presiding examiner 
may extend any such period for a further half hour. 
R.R.O. 1970, Reg. 230, s. 20. 

21. — (1) The Board shall arrange a period of three 
consecutive days in each year for the regular examina- 
tions, which three-day period may be extended at the 
discretion of the presiding examiner. 

(2) The Board shall further arrange a similar period 
for supplemental examinations when necessary. 
R.R.O. 1970, Reg. 230, s. 21. 

22. — (1) AppHcants for supplemental examina- 
tions shall be those who have failed in not more than 
three subjects and such other applicants as are 
approved by the Board on the grounds of special 
necessity. 

(2) Unless by special leave of the Board, no appli- 
cant shall take a supplemental examination in any 

subject that he has not tried at the regular examina- 
tions. R.R.O. 1970, Reg. 230, s. 22. 

23. — (1) Oral and chnical examinations may be 
arranged by the presiding examiner during and follow- 
ing the time period of the written examinations. 

(2) The session for each individual for the oral 
and clinical examination shall not exceed thirty 
minutes and, if taken during a written examination, 
the time shall be so extended that the candidate has 
at least 254 hours for each written examination. 
R.R.O. 1970, Reg. 230, s. 23. 

EXAMINERS 

24. — (1) The Board shall, at the regular March 
meeting, appoint one of its members as presiding 
examiner for all examinations, and sufficient exam- 
iners, depending on the number of candidates for 
examination, to complete the examinations in a 
reasonable time, having due regard to expense, 
examination fees and the convenience of candidates 
and examiners, and may at any time for similar 
reasons vary the number of examiners. 

(2) Each examiner shall be notified of his appoint- 
ment and shall forthwith notify the secretary- 
treasurer of his acceptance, whereupon his appoint- 
ment is confirmed and he shall then receive a copy 
of the regulations affecting examinations, payment, 
rules for examinations and the time set for examina- 
tions and, in default of immediate acceptance, 
another examiner shall be appointed. 



(3) There shall be at least one examiner in each 
subject or group of subjects and he shall conduct the 
examinations, set and read the written papers and 
allot marks thereon, and conduct the oral and chnical 
examinations with assistance therein if necessary and 
shall provide the clinical and other material necessary 
for the oral and clinical examinations. R.R.O. 1970, 
Reg. 230, s. 24. 

25. — (1) The presiding examiner of candidates for 
registration as drugless practitioners shall be paid on 
the same basis as he is paid for attendance at regular 
meetings of the Board. 

(2) Each examiner shall receive $10 for each 
written examination paper set and 75 cents for each 
paper read and marked by him, and shall receive 
SI 2,50 for each half-day of three hours or part thereof 
for conducting oral and chnical examinations and, in 
addition, he shall be reimbursed for transportation 
and expenses. R.R.O. 1970, Reg. 230, s. 25. 

26. — (1) At the close of the examinations, whether 
regular or supplemental, the examiners shall meet and 
discuss results, finally adjust marks granted and make 
due recommendations to the Board regarding the can- 
didates at the examinations and changes recom- 
mended regarding examinations. 

(2) The presiding examiner shall act as secretary 
of such meeting and submit the official report to the 
Board. R.R.O. 1970, Reg. 230, s. 26. 

27. Each examination paper for each examination 
period shall comprise one subject and shall consist of 
one question which the candidate is required to 
answer and five other questions of which the candi- 
date shall answer any four and the total marks for 
each examination paper is 100. R.R.O. 1970, Reg. 
230, s. 27. 

STANDARD TO BE OBTAINED 

28. — (1) A Standard of 100 marks for the written 
answers, and 100 marks for orals and clinicals, shall be 
adopted by each examiner. 

(2) Written examination results and oral and clini- 
cal examination results in each subject or group of 
subjects may be grouped together by each examiner. 

(3) At least 50 per cent on each individual subject 
or group of subjects and 60 per cent on the total of all 
examination returns is required for pass standing. 

(4) 75 per cent on all subjects constitutes honour 
standing. R.R.O. 1970, Reg. 230, s. 28. 

29. The secretary-treasurer of the Board shall 
arrange for a suitable examination hall, furniture and 
equipment, pencils, stationery, blotters, examination 
books or paper and all other material or equipment 
necessary for the due carrying out of the examinations, 
and the cost thereof and of any other material or thing 



100 



DRUGLESS PRACTITIONERS 



Reg. 250 



necessary or incidental to the said examinations shall 
be paid from the office of the .secretary-treasurer on 
presentation of vouchers, and the payments shall be 
confirmed at the next regular meeting of the Board. 
R.R.O. 1970, Reg. 230, s. 29. 

DISCIPLINE 

30. — ( 1 ) The certificate of registration of any drug- 
less practitioner may, after due enquiry by the Board, 
be either suspended or cancelled for incompetence, 
misconduct or breach of this Regulation. 

(2) Any drugless practitioner against whom an 
allegation of misconduct, incompetence, or breach of 
this Regulation is made, shall be notified by registered 
mail, addressed to the practitioner at the address 
under which the practitioner is registered, giving 
notice to the practitioner of the time and place at which 
the Board will convene for the purpose of determining 
whether or not he has been guilty of the alleged mis- 
conduct, incompetence or breach of this Regulation. 
R.R.O. 1970, Reg. 230. s. 30. 

31. No drugless practitioner registered under the 
Act shall display any sign, bill, poster or placard hold- 
ing himself out or advertising himself as a drugless 
therapist .unless the certificate of registration issued 
by the Board specifies that such person is registered 
as a drugless therapist. R.R.O. 1970, Reg. 230, s. 31. 

32. No registrant shall use the words "drugless 
practitioner" as an occupational designation but may 
describe himself only in the terms of the classification 
in which he is registered. R.R.O. 1970, Reg. 230, 
s. 32. 

33. No drugless practitioner shall pubhsh or cause 
to be published in any newspaper, telephone directory, 
periodical, circular or in any other printed matter, any 
notice or advertisement containing anything other 
than his name, address, telephone number, office 
hours, professional titles and type of services 
rendered, without first submitting the proposed 
notice or advertisement to the Board, which may 
grant or refuse permission to publish such notice or 
advertisement. R.R.O. 1970, Reg. 230, s. 33. 

34. A registrant using or causing to be used adver- 
tising matter that contains mis-statements, false- 
hoods, misrepresentations, distorted or fabulous 
statements as to cures by any method of treatment 



used by him or as to his training, qualifications or 
attainments, shall be deemed to be guilty of mis- 
conduct within the meaning of this Regulation. 
R.R.O. 1970, Reg. 230. s: 34. 

INVESTIGATION OF COMPLAINTS 

35. — (1) The Board may appoint an inspector for 
the purpose of investigating complaints registered 
against registrants under the Act or other persons not 
so registered. 

(2) All complaints relating to registrants or un- 
registered persons shall be filed with the secretary- 
treasurer who shall make such further investigations 
as he deems necessary and report to the Board. 

(3) The inspector shall be remunerated for his 
time and expenses as the Board may determine. 
R.R.O. 1970. Reg. 230. s. 35. 

CHEQUES 

36. All cheques of the Board shall be signed by the 
chairman or vice-chairman and secretary-treasurer. 
R.R.O. 1970. Reg. 230, s. 36. :. .. 



37. Each member of the Board, other than the 
secretary-treasurer, shall be paid. 

(a) an allowance of $100 for each day or part of 
a day engaged in attending the meetings of 
the Board, the maximum allowance in 
any year not to exceed $1,200; and 

(b) an allowance for his travelling and living 
expenses to. from and at those meetings. 
O. Reg. 627/78, s. I. part. 

38. The secretary-treasurer of the Board shall be 
paid a salary of $1,200 per annum. O. Reg. 
627/78. s. \,part. 



39. The accounts of the Board shall be audited by a 
chartered accountant annually. R.R.O. 1970. Reg. 
230. s. 39. 



Reg. 251 



DRUGLESS PRACTITIONERS 



101 



REGULATION 251 

under the Drugless Practitioners Act 



MASSEURS 

INTERPRETATION 

1. In this Regulation, 

(a) "Board" means The Board of Directors 
of Masseurs ; 

(b) "secretary-treasurer" means secretary- 
treasurer of the Board. R.R.O. 1970, 
Reg. 231. s. 1. 

REGISTRATION 

2. The secretary-treasurer shall maintain a register 
of persons admitted to practise as masseurs. R.R.O. 
1970, Reg. 231, s. 2. 

3. The secretary-treasurer shall register as a masseur 
any person who has, 

(a) passed the examinations prescribed by section 
16; and 

(b) paid the registration fee prescribed by clause 
7 (1) (a). O. Reg. 969/80, s. 1, part. 

4. The secretary-treasurer shall register as a masseur 
any person who has, 

(a) received his education and training outside of 
Ontario; 

(b) education and training equivalent to that 
required by section 16; 

(c) been examined by the Board; and 

(d) paid the registration fee prescribed by clause 
7 (1) (a). O. Reg. 969/80, s. 1, part. 

5. — (1) The registration of a masseur expires 
with the first Monday in February in each year. 
R.R.O. 1970, Reg. 231, s. S (1). 

(2) The secretary-treasurer shall renew the registra- 
tion of a person registered as a masseur for one year 
where the masseur pays the renewal fee prescribed by 
clause 7 (1) (b). O. Reg. 969/80, s. 2. 



6. — (1) Where a registered masseur fails to pay 
the renewal fee on or before the expiry date, the 
secretary-treasurer shall notify the masseur by 
registered mail addressed to his last known address 
appearing on the register that his registration has 
expired. R.R.O. 1970, Reg. 231, s. 6 (1). 



(2) Where a person whose registration as a masseur 
has expired and has not been renewed, for a period of 
time not exceeding three consecutive years, pays the fee 
prescribed by clause 7 (1) (c) or (d), as the case may be, 
the secretary-treasurer shall register the person as a 
masseur. O. Reg. 969/80, s. 3. 

7. — (1) The fees to be paid by a masseur are, 

(a) on registration; $50; 

(b) on renewal of registration, $40; 

(c) on renewal of registration, where a registra- 
tion has expired for one year or part thereof, 
$50; or 

(d) on renewal of registration, where a registra- 
tion has expired for more than one year, $ 150. 

(2) A person who has been admitted to practise as a 
masseur but who is not practising and applies to the 
secretary-treasurer and pays a fee of $20 each year may 
be placed on an inactive register for a period not 
exceeding two years. 

(3) Where a registration of a person as a masseur is 
not renewed and more than three consecutive years 
have passed since the date of expiry of the registration, 
the Board shall re- register the applicant where he, 

(a) pays the fee prescribed by clause (1) (d); 

(b) passes such examinations as the Board may 
prescribe; and 

(c) submits proof in a form satisfactory to the 
Board as to his competence to practise as a 
masseur. O. Reg. 969/80, s. 4. 



DISCIPLINE 

8. — (1) The Board may, after a hearing, suspend 
or cancel the registration of any f)erson found guilty 
of misconduct or to be ignorant or incompetent. 

(2) Before holding a hearing, the Board shall send 
by registered mail to the masseur at his last 
known address appearing on the register, a notice, 

(a) giving the details of the alleged misconduct, 
ignorance or incompetence and the nature 
of the evidence in support thereof; and 

(6) appointing the date, time and place for the 
hearing. 



102 



DRUGLESS PRACTITIONERS 



Reg. 251 



(3) The Board shall allow at least ten clear days 
between the date of sending the notice and the date 
for the hearing. 

(4) If the masseur fails to attend the hearing on 
the date and at the time and place appointed, the 
hearing may proceed and a decision may be made in 
his absence. 

(5) At the hearing, the masseur is entitled to hear 
the evidence against him, to cross-examine thereon, 
to call witnesses in his behalf and to present his 
argument. 

(6) The masseur may be represented at the hearing 
by counsel or by an agent. R.R.O. 1970, Reg. 231, s. 8 
(1-6). 

(7) Where the Board decides to suspend the registra- 
tion, the period of suspension shall not be longer than 
ninety days. O. Reg. 969/80, s. 5. 

9. For the purpose of section 8 "misconduct" 
means, 

(a) failure to maintain the standard of practice of 
the profession; 

(b) failure to maintain records in respect of a 
masseur's patients; 

(c) exceeding the lawful scope of practice; 

id) using terms, titles or designations other than 
those authorized by this Regulation; 

(«) treating or attempting to treat a condition 
that the masseur recognizes or should have 
recognized as being beyond his competence; 

(/) failure of a masseur to refer a patient to a 
legally qualified medical practitioner when 
the masseur recognizes or should have recog- 
nized a condition that appears to require 
medical examination; 

(g) charging fees that are excessive in relation to 
the services performed; 

(h) falsifying a record in respect of observation 
or treatment of a patient; 

(i) failure to carry out the terms of an agreement 
with a patient; 

(j) conviction of an offence that affects the fit- 
ness of a masseur to engage in the practice of 
massage; 

(k) sexual impropriety with a patient; 

(/) abusing a patient verbally or physically; 

(m) announcing or holding out falsely by a mas- 
seur that he has special qualifications; 



(n) acting as a masseur while the ability to per- 
form any act as a masseur is impaired by 
alcohol or drugs; 

(o) knowingly permitting his office or clinic to be 
used for unlawful purposes; 

(p) conduct or an act relevant to the practice of a 
masseur that, having regard to all the cir- 
cumstances, would reasonably be regarded by 
masseurs as disgraceful, dishonourable or 
unprofessional; 

iq) publishing, displaying, distributing or caus- 
ing or permitting directly or indirectly, the 
publishing, display or distribution or use of 
any material of any kind whatsoever that is 
false, or contains misleading statements or 
misrepresentations as to bodily functions or 
malfunctions of any kind or as to cures by any 
method of treatment used by a masseur, or as 
to his training, qualification or skills. 
O. Reg. 969/80, s. 6. 

10. — (1) The Board may appoint an inspector who 
on the direction of the Board shall investigate a written 
complaint that a masseur has been guilty of miscon- 
duct or displayed such ignorance or incompetence as to 
render it desirable in the public interest that his regis- 
tration be cancelled or suspended. 

(2) The inspector shall make a written report to the 
Board of every investigation made by him. O. Reg. 

969/80, s. 7. 



DESIGNATIONS 

11. No person other than a masseur registered 
under the Act shall advertise or use any title or add 
any affix to his name signifying that he is qualified 
to practise as a masseur. R.R.O. 1970, Reg. 231, 
s. 10. 



12. A person registered as a masseur shall not use 
any occupational designation in respect of that regis- 
tration other than Registered Masseur or Registered 
Masseuse, Registered Massage Therapist or the letters 
"Reg. M." or "Reg. M.T.". O. Reg. 969/80, s. 8. 



ALLOWANCE FOR BOARD 

13. — (1) Members of the Board shall be paid a per 
diem allowance of $100 together with their necessary 
travelling and living expenses while actually engaged 
on the business of the Board. 

(2) In addition to the allowance paid under subsec- 
tion (1), the secretary-treasurer shall be paid an annual 
allowance. O. Reg. 969/80, s. 9. 



Reg. 251 



DRUGLESS PRACTITIONERS 



103 



EXAMINATIONS 

14. — (1) The Board shall prescribe examinations 
for the admissions of masseurs to practice in 
Ontario, upon the subjects prescribed by sub- 
section (2). R.R.O. 1970, Reg. 231, s. 14 (1). 

(2) The subjects for examination are, 

(a) anatomy and histology; 

(b) physiology; 

(c) pathology; 

(d) public health; 

(e) assessment; 

(f) ethics and business management; 

(g) treatment; and 
{h ) clinical practice. 

(3) The examination on the subjects mentioned in, 

(a) clauses (2) (a), (b), (c), (d), (e), (f) and (g) shall 
consist of one oral and two written examina- 
tions; and 

(b) clause (2) (h) shall be a practical examina- 
tion. O. Reg. 969/80, s. 11 

15. — (1) The Board shall conduct or cause to be 
conducted examinations at least once a year. 
R.R.O. 1970, Reg. 231, s. 15 (1). 

(2) The Board shall conduct or cause to be conducted 
supplemental examinations within four months after 
the examinations conducted under subsection (1), 
except that when two examinations a year are held, the 
supplemental shall be considered to be part of the 
next regular examination. O. Reg. 969/80, s. 12 (1). 

(3) An applicant who fails a written examination 
may apply to the Board for a review of the written 
examination that he has failed upon payment of a fee 
of $50 for each written examination that is reviewed. 
O. Reg. 969/80, s. 12 (2). 

16. — (1) Any person who, 

(a) is the holder of a Secondary School Gradua- 
tion Diploma or a certificate considered by the 
Minister as equivalent thereto; and 

(b) has registered in a course of instruction in 
massage at a private vocational school regis- 
tered under the Private Vocational Schools 
Act, 

may apply to the secretary-treasurer as an applicant for 
examination and registration. 



(2) An application by a person for examination and 
registration as a masseur shall be made within twenty- 
one days of registration of the person at the school of 
massage, in a form supplied by the secretary-treasurer. 

(3) At least thirty days before the examinations are to 
be held, an applicant who has complied with subsection 
(2) shall submit to the secretary-treasurer, 

(a) two letters of character reference; 

(b) a Secondary School Graduation Diploma or a 
certificate considered by the Minister of 
Health as equivalent thereto; and 

(c) the examination fee prescribed by section 21. 

(4) At least ten days before the examinations are to be 
held there shall be submitted to the secretary-treasurer 
a statement from the head of the private vocational 
school that the applicant attended stating that the 
applicant has attended and successfully completed the 
course in massage at the school referred to in clause (1) 
(b). 

(5) Where an applicant complies with subsection 
(3), the secretary-treasurer shall notify the applicant 
that the applicant is entitled to take the examinations. 
O. Reg. 969/80, s. 13. 

17. — (1) An applicant who has, 

(a) been notified under subsection 16 (5); and 

(b) paid the fee prescribed by section 21, 
may try the examinations. 

(2) An applicant who has, 

(a) tried the examinations and failed in one of the 
four examinations; and 

(b) paid the fee prescribed by section 21, 

may try a supplemental examination in the subject that 
he fails. O. Reg. 969/80, s. 14. 



EXAMINERS 

18. — (1) At least three months before the date 
of an examination or supplemental examination, 
the Board shall appoint sufficient examiners including 
a presiding examiner to conduct the examination. 

(2) No person shall be appointed as a presiding 
examiner unless he is a member of the Board. 
R.R.O. 1970, Reg. 231, s. 19. 

19. The Board shall pay an examiner other than the 
presiding examiner, 



104 



DRUGLESS PRACTITIONERS 



Reg. 251 



(a) $100 for the preparation of each written 
examination and $50 for each oral and practi- 
cal examination; 

(b) $75 for each day or less during which the 
examiner conducts or supervises an examina- 
tion; 

(c) the actual amount spent in travelling and liv- 
ing expenses while engaged as an examiner; 
and 

(d) $5 for each written examination paper that the 
examiner reads and marks. O. Reg. 969/80, 
s. 16. 

20. — (1) The presiding examiner shall, 



(a) review the examination papers after they 
have been prepared by the examiner; and 

(b) conduct the examination at the time set 
by the Board. R.R.O. 1970, Reg. 231, s. 21 
(1). 

(2) The presiding examiner shall be paid for his ser- 
vices an amount equal to the amount prescribed by 
subsection 13 (1). O. Reg. 969/80, s. 17. 

FEES ON EXAMINATION 

21. — (1) An applicant for examination, other than a 
supplemental examination, shall pay a fee of $55. 

(2) An applicant for a supplemental examination 
shall pay a fee of $30. O. Reg. 969/80, s. 18. 



Form 1 

Drugless Practitioners Act 

APPLICATION FOR REGISTRATION AS A MASSEUR BY EXAMINATION 

To : The Secretary-Treasurer, 

Board of Directors of Masseurs 



I, 



(name) (address) 

apply for registration as a masseur and in support submit the following information : 

1 . Date and place of birth : 

2. Address : 



(post offce) 
3. My preliminary education comprised : 



(province) 



4. I graduated from the. 
school at 



5. I attended the following lectures at the school mentioned in paragraph 4 and I hold certificates in the 
following optional courses: 



Date. 



. day of , 



.. 19.... 



(signature of applicant) 

R.R.O. 1970, Reg. 231, Form 1. 



Reg. 251 DRUGLESS PRACTITIONERS 105 

Form 2 

Drugless Practitioners. Act 
CERTIFICATE OF EDUCATION IN MASSAGE 

I , head of the 

(name) 

teaching staff of , 

(school) 

hereby certify that 

(name of graduate) 



has successfully completed the course in massage at 

(school) 

Date day of , 19. 



(signature) 
R.R.O. 1970. Reg. 231, Form 2. 



Reg. 252 



DRUGLESS PRACTITIONERS 



107 



REGULATION 252 



under the Drugless Practitioners Act 
OSTEOPATHS 

INTERPRETATION 

1. In this Regulation, 



(a) "Board" means Board of Directors of 
Osteopathy ; 

(b) "secretary-treasurer" means secretary- 
treasurer of the Board. R.R.O. 1970, 
Reg. 232, s. 1. 



REGISTRATION 

2. The secretary-treasurer shall maintain a register 
of persons admitted to practice as osteopaths. 
R.R.O. 1970, Reg. 232, s. 2. 

3. The secretary-treasurer shall register as an 
osteopath any person who, 

(a) is of good moral character ; 

ib) is at least eighteen years of age; 

(c) has passed the examinations prescribed by 
section 12; and 

(d) has paid the registration fee prescribed by 
clause 7 (a). R.R.O. 1970, Reg. 232, s. 3. 

4. The secretary-treasurer shall register any per- 
son who, 

(a) is registered as an osteopath in a jurisdic- 
tion outside Ontario under regulations 
similar to this Regulation ; and 

(6) pays the registration fee prescribed by clause 
7 (a). R.R.O. 1970, Reg. 232, s. 4. 

5. — (1) The registration of an osteopath expires 
with the first Monday in February in each year. 

(2) The secretary-treasurer shall renew the regis- 
tration for one year where the osteopath pays the 
renewal fee prescribed by clause 7 (b). R.R.O. 1970, 
Reg. 232, s. S. 

6. — (1) Where a registered osteopath fails to pay 
the renewal fee on or before the expiry date, the 
secretary-treasurer shall notify the osteopath by 
registered mail addressed to his last known address 
appearing on the register that his registration 
has expired. 



(2) Where an osteopath whose registration has 
expired pays the fee prescribed by clause 7 (c), the 
secretary-treasurer shall register the osteopath. 
R.R.O. 1970, Reg. 232, s. 6. 



7. The fees to be paid by an osteopath are, 

(a) on registration, $75 ; 

(b) on renewal of registration, $50 ; and 

(c) where his registration has expired, for each 
year or part of a year that has passed 
since the date of expiry of registration, $25. 
R.R.O. 1970, Reg. 232, s. 7; O. Reg. 
162/75, s. 1. 

DISCIPLINE 

8. — (1) The Board may, after a hearing, suspend 
or cancel the registration of any person found to be 
guilty of misconduct or to have been ignorant or 
incompetent. 

(2) Before holding a hearing, the Board shall 
send by registered mail to the osteopath at his last 
known address appearing on the register a notice, 

(a) giving the details of the alleged misconduct, 
ignorance or incompetence and the nature 
of the evidence in support thereof ; and 

(6) appointing the date, time and place for the 
hearing. 

(3) The Board shall allow at least ten clear days 
between the date of sending the notice and the date 
for the hearing. 

(4) If the osteopath fails to attend the hearing 
on the date and at the time and place appointed, 
the hearing may proceed and a decision may be made 
in his absence. 

(5) At the hearing, the osteopath is entitled to 
hear the evidence against him, to cross-examine 
thereon, to call witnesses in his behalf and to present 
his argument. 

(6) The osteopath may be represented at the 
hearing by counsel or by an agent. 

(7) Where the Board decides to suspend the regis- 
tration, the period of suspension shall not be longer 
than thirty days. R.R.O. 1970, Reg. 232, s. 8. 



108 



DRUGLESS PRACTITIONERS 



Reg. 252 



9. — (1) The Board may appoint an inspector for 
the investigation of complaints made against an 
osteopath. 

- «•. if ■ 

(2) A member of the Board is not eligible for 
appointment as an inspector. 

(3) The inspector shall investigate a complaint 
made in writing that an osteopath has been guilty 
of misconduct or displayed such ignorance or 
incompetence as to render it desirable in the public 
interest that his registration be cancelled or sus- 
pended. 

(4) The inspector shall report to the Board on 
every investigation made by him. R.R.O. 1970, 
.Reg. 232, s. 9. 

DESIGNATIONS 

10. No person other than an osteopath registered 
under the Act shall advertise or use any title or .«dd 
any affix to his name signifying that he is qualified 
to practise as an osteopath. R.R.O. 1970, Reg. 232, 
s. 10. 

ALLOWANCE FOR BOARD 

11. — (1) Members of the Board shall be paid, 

(a) a per diem allowance ; and 

(b) an allowance for travelling and living 
expenses, 

in the amounts prescribed by subsection (2) while 
engaged on the business of the Board. R.R.O. 1970, 
Reg. 232, s. 11 (1). 

(2) The allowance is, 

(a) $75 a day ; and 

(b) the actual amount spent in travelling and 
living expenses. R.R.O. 1970, Reg. 232, 
s. 11 (2); O.Reg. 162/75, s. 2 (1). 

(3) The amount of the allowance paid under clause 
(2) (a) to each member shall not exceed $750 in any one 
year. O. Reg. 162/75, s. 2 (2). 

(4) In addition to the allowance paid under subsec- 
tion (3), the secretary-treasurer shall be paid an annual 
allowance of $600. R.R.O. 1970, Reg. 232, s. 11 (4). 



EXAMINATIONS 

12- — (1) The Board shall prescribe written, oral 
and practical examinations for the admission of 
osteopaths to practice in Ontario, upon the subjects 

prescribed by subsection (2). 

(2) The subjects for examination are, 

(a) anatomy and applied anatomy, including 
histology and embryology ; 



(6) physiology, including physiological 
chemistry ; 

(c) pathology and bacteriology, including para- 
sitology, immunology, public health and 
preventive medicine ; 

(d) surgery, including surgical specialties ; 

(e) obstetrics, gynaecology and paediatrics; 

(/) neurology, psychology and psychiatry ; and 

(g) osteopathic medicine, including principles, 
therapeutics, pharmacology, materia me- 
dica and jurisprudence. R.R.O. 1970, 
Reg. 232, s. 12. 

13. — (1) The Board shall conduct or cause to be 
conducted examinations at least once a year. 

(2) When necessary, the Board shall conduct or 
cause to be conducted supplemental examinations 
within four months after the examinations under 

subsection (1). R.R.O. 1970, Reg. 232, s. 13. 

14. — (1) Any person who, 

(a) is of good moral character ; 

(b) is the holder of an Ontario Secondary 
School Graduation Diploma or an equiva- 
lent certificate as determined by the Minister 
of Health; 

(c) has successfully completed at least two 
years of preliminary study at a coUege or 
university in a course that includes physics, 
organic and inorganic chemistry, biology 
and English ; and 

(d) has graduated from a school or college 
of osteopathy referred to in section 18, 

may apply to the secretary-treasurer as a candidate 
for the examination. 

(2) Application for examination shall be made in 
Form 1 to the secretary-treasurer. 

(3) The applicant shall submit with the applica- 
tion, 

(a) evidence of preliminary education prior to 
admission to a college of osteopathy; 

(b) references as to character, professional 
status and previous experience in the 
practice of osteopathy ; 

(c) a certificate in Form 2 from the head of the 
teaching staff of a school or college referred 
to in section 18; and 

(d) the examination fee prescribed by section 17. 



Reg. 252 



DRUGLESS PRACTITIONERS 



109 



(4) The Board shall review the application and, 
if it complies with the provisions of this Regulation, 
the Board shall cause the secretary-treasurer to notify 
the candidate of the time and place fixed for the 
examination. R.R.O. 1970, Reg. 232, s. 14. 

15. — (1) A person who has, 

(a) been notified under subsection 14 (4); and 

{b) paid the fee prescribed by section 17, 
may take the examinations. 
(2) A person who has, 

(a) taken the examinations ; 

(b) failed in three subjects or fewer; and 

(c) paid the fee prescribed by section 17, 

may try at a supplemental examination the subjects 
in which he has failed. R.R.O. 1970, Reg. 232, s. 15. 

16. A person who is taking an examination or 
supplemental examination shall be allowed, 

(a) 2 Vi hours for each subject written ; and 

(b) thirty minutes for the oral examination 
in each subject. R.R.O. 1970, Reg. 232, 
s. 16. 

FEES ON EXAMINATION 

17. A candidate for examination or supplemental 
examination shall pay on examination a fee, 

(a) not exceeding $50 in amount; and 

(6) calculated on the basis of , 

(i) $10 for each subject at an examina- 
tion, and 

(ii) $20 for each subject at a supple- 
mental examination. R.R.O. 1970, 
Reg. 232, s. 17. 

OSTEOPATHIC COLLEGES 

18. — (1) An applicant for examination shall have 
completed a course of instruction in a school or 
college that conducts a course in osteopathy of not 
less than four academic years with a minimum 
of 5,000 hours of instruction and that requires 
students to have completed at least two years 
of pre-medical study. 



(2) The course of instruction shall include the 
following subjects : 

1 . Anatomy, comprising, 

i. gross anatomy ; 
ii. dissection; 
iii . embryology ; and 
iv. histology. 

2. Physiology. 

3. Biochemistry. 

4. Pharmacology, comprising, 

i. comparative therai>eutics ; 

ii. materia medica and associated subjects; 
and 

iii. toxicology. 

5. Pathology. 

6. Public health and preventive medicine, com- 
prising, 

i. hygiene ; 

ii. sanitation; 
iii. bacteriology ; 
iv. parasitology ; and 

v. immunology. 

7. Surgery, comprising, 

i. general surgery ; 

ii. orthopaedic surgery ; 

iii. urology; 

iv. ophthalmology; 

V. radiology; 

vi. anaesthesiology ; and 

vii. otorhinolaryngology. 

8. Obstetrics and gynaecology. 

9. Principles, practice and technique of osteo- 
pathy. 

10. Neurology. 

11. Psychology. 



no 



DRUGLESS PRACTITIONERS 



Reg. 252 



12. Psychiatry. 

13. Paediatrics. 

14. Dermatology and syphilology. 

15. Therapeutics. 

16. Tropical medicine. 

17. Medical jurisprudence. R.R.O. 1970, Reg. 232, 
s. 18. 

MEETINGS OF THE BOARD 

19.— (1) The chairman or, in his absence, the 
vice-chairman shall call and preside at all meetings 
of the Board and the presiding officer shall, in the 
case of a tie vote, have the deciding vote. 

(2) Meetings of the Board shall be upon the 
written call of the chairman or upon the written 
request of any two members of the Board stating 
the reason for calling the meeting. R.R.O. 1970, 
Reg. 232, s. 19. 

SECRETARY-TREASURER 
20. The secretary-treasurer shall, 

(a) conduct the correspondence of the Board; 



(b) keep a true and accurate record of the 
minutes of all meetings of the Board ; 

(c) notify all members of the Board of all 
meetings at least seven days in advance 
of such meetings ; 

(d) keep a record of all osteopaths taking the 
examinations and the results of such exami- 
nations ; 

(e) receive all moneys and securities and keep 
a proper record of all business transactions 
of the Board, the receipt and expenditure 
of all moneys and securities, and forthwith 
deposit all such moneys or securities re- 
ceived in such chartered bank as the Board 
selects ; and 

(/) carry out such other duties as the Board 
from time to time directs. R.R.O. 1970, 
Reg. 232, s. 20. 

21. All cheques of the Board shall be signed 
by the chairman or vice-chairman and the secretary- 
treasurer. R.R.O. 1970, Reg. 232, s. 21. 



22. The accounts of the Board shall be audited 
annually by a chartered accountant appointed by the 
Board. R.R.O. 1970, Reg. 232, s. 22. 



Form 1 

Drugless Practitioners Act 

APPLICATION FOR REGISTRATION AS AN OSTEOPATH BY EJ^AMINATION 



Name. 



Address , 



(If female) 



name) (given name in full) 

(any alteration in or change of name since registration of birth) 
(municipality) (county) (province) 



(home address) (street address) 

Date of birth Age 

Are you a British Subject ? 



(yes or no) 



Primary Education , 



(business address) 



(by birth or naturalized) 



(name of public or private schools attended) 

Date of entrance to high school or collegiate 

Names of high schools, coUegiates, private schools, senior schools attended. 



Reg. 252 DRUGLESS PRACTITIONERS 111 

Date of graduation 

(from high school or collegiate) (junior) (senior) 



Department of Education certificate 

Names of colleges or universities attended and standing attained . 



Dates of attendance 

Osteopathic college attended. 
Length of course 



(number of months) (total hours of lectures or instruction) 

Date of graduation 

If more than one school or college 



(names) (locations) 



(number of months) (total hours of lectures or instruction) 

I interned at 

for from to 

(months) 



Post-graduate training from to . . . 

I have received special training in osteopathy and in respect thereof I hold certificates from. 



(names of boards) 
Three references as to character (names and addresses) 



I am registered to practise in 

(provinces or states) 



(signature of applicant) 



Affidavit 

To: The Board of Directors of Osteopathy, 
Drugless Practitioners Act, 
Province of Ontario. 

I of 

in the County of . 



112 DRUGLESS PRACTITIONERS Reg. 252 

do solemnly declare that to the best of my knowledge and belief the completed form hereto affixed is correct and 
true. And I make this solemn declaration conscientiously believing it to be true and knowing that it is of the 
same force and effect as if made under oath. 

Declared before me at the of 

this day of , 19 . . . . 



(a Commissioner, etc.) 

R.R.O. 1970, Reg. Ul. Form 1. 

Form 2 

Drugless Practitioners Act 

CERTIFICATE OF EDUCATION IN OSTEOPATHIC MEDICINE 

I, 

(name) 

head of the teaching staff of 

(school or college) 

hereby certify that has successfully 

(name of graduate) 

completed the course in osteopathic medicine at 

(school or college) 

Date day of , 19 



(signature) 
R.R.O. 1970. Reg. 232, Form 2. 



Reg. 253 



DRUGLESS PRACTITIONERS 



113 



REGULATION 253 

\ under the Drugless Practitioners Act 
PHYSIOTHERAPISTS 



INTERPRETATION 

1. In this Regulation, 

(a) "Board" means the Board of Directors of 
Physiotherapy ; 

(b) "secretary-treasurer" means the secretary- 
treasurer of the Board. R.R.O. 1970, 
Reg. 233, s. 1. 

REGISTRATION 

2. The secretary-treasurer shall maintain a register 
of persons admitted to practise as physiotherapists. 
R.R.O. 1970. Reg. 233, s. 2. 

3. — (1) The secretary-treasurer shall register as a 
physiotherapist any person who, 

(a) is of good moral character; 

(b) has passed the examinations prescribed 
under section 16; and 

(f) has paid the registration fee prescribed by 
section 7. R.R.O. 1970, Reg. 233, s. 3 (1); 
O. Reg. 729/80, s. 1 (1). 

(2) The secretary-treasurer shall register as a 
physiotherapist any person, other than persons re- 
ferred to in subsection (1), who is, 

(a) the holder of a degree or diploma in 
physiotherapy from, 

(i) any university in Canada having a 
course that includes the requirements 
of section 25 and that is approved by 
the Board, 

(ii) the Chartered Society of Physio- 
therapy of the United Kingdom, or 

(iii) the diploma program in physiotherapy 
established at Mohawk College of 
Applied Arts and Technology-, Ham- 
ilton, and approved by the Board; or 

(6) eligible for membership in the Canadian 
Physiotherapy Association and has passed the 
examinations prescribed under section 16 or 
other examinations that, in the opinion of the 
Board, are equivalent thereto. 



and pays the registration fee prescribed in section 7. 
O. Reg. 729/80, s. 1 (2). 

4. — (1) The registration of a physiotherapist 
expires with the first Monday in February in each 
year. 

(2) Where a physiotherapist pays the renewal fee 
prescribed by this Regulation on or before the date 
when his registration expires, the secretary-treasurer 
shall renew his registration for one year. R.R.O. 
1970. Reg. 233, s. 4. 

5. — (1) Where a registered physiotherapist fails 
to pay the renewal fee on or before the expiry 
date, his name shall be struck from the register, 
and the secretary-treasurer shall notify the physio- 
therapist by registered mail addressed to his latest 
address shown on the register that his registration 
has expired. 

(2) Where a physiotherapist whose registration has 
expired pays the fee prescribed by clause 7 (d), the 
secretary-treasurer shall re-register the physio- 
therapist. R.R.O. 1970, Reg. 233, s. 5. 



6. Where a physiotherapist who ceases to practise 
in Ontario, 

(a) notifies the Board during the registration 
year in which he ceases to practise that he 
has ceased to practise ; and 

(b) pays the renewal fee prescribed by clause 7 
(c) for the registration year in which he 
resumes practise in Ontario, 

the secretary-treasurer shall re-register the physio- 
therapist. R.R.O. 1970, Reg. 233, s. 6. 



7. Subject to sections 8 and 9, the fees to be paid by 
a physiotherapist are. 



(a) $85 on registration; 

(b) $5 for a certificate of registration; 
(f ) $60 on renewal of registration; and 

(d) $85 on re-registration. O. Reg. 929/79, s. 1. 



114 



DRUGLESS PRACTITIONERS 



Reg. 253 



8. The fee to be paid on registration by a 
physiotherapist who is registered by the secretary- 
treasurer and commences to practise after the 15th day 
of November in the year of his registration is $30. 
O. Reg. 929/79, s. 2. ' 

TEMPORARY REGISTER 

9. — (1) The secretary-treasurer shall maintain a 
separate page in the register for duly qualified 
physiotherapists who apply to register for a period 
of time not exceeding six months. R.R.O. 1970, 
Reg. 233, s. 10 (1). 

(2) The fee to be paid by a physiotherapist who is 
registered under this section is $40. O. Reg. 929/79, 
s. 4. 

(3) Notwithstanding subsection 4 (1), the registra- 
tion of a physiotherapist registered under this section 
expires six months after the date of registra- 
tion. R.R.O. 1970, Reg. 233, s. 10 (3). 

DISCIPLINE 

10. — (1) The Board may appoint an inspector 
who, on the direction of the Board, shall investi- 
gate a complaint that a physiotherapist has been 
guilty of misconduct or displayed such ignorance or 
incompetence as to render it desirable in the public 
interest that his registration be cancelled or suspended. 

(2) The inspector shall make a written report to 
the Board of every investigation made by him. 
R.R.O. 1970, Reg. 233, s. 11. 

11. — (1) After a hearing, the Board may suspend 
or cancel the registration of any person found guilty 
of misconduct or found to have been ignorant or 
incompetent. 

(2) Before holding a hearing, the Board shall send 
by registered mail to the physiotherapist at his latest 
address shown on the register a notice, 

(a) giving, 

(i) the details of the alleged misconduct, 
ignorance or incompetence, and 

(ii) the nature of the evidence in support 
thereof ; and 

(b) appointing the date, time and place for the 
hearing. 

(3) The Board shall allow at least ten clear days 
between the date of sending the notice and the date 
fixed for the hearing. 

(4) If the physiotherapist fails to attend the hear- 
ing on the date and at the time and place 
appointed, the hearing may proceed and a decision 
may be made in his absence. 



(5) The hearing shall be stenographically recorded. 

(6) At the hearing, the physiotherapist is entitled 
to hear the evidence against him, to cross-examine 
thereon, to call witnesses in his behalf and to present 
his argument. 

(7) The physiotherapist may be represented at 
the hearing by counsel or by an agent. 

(8) Where the Board decides to suspend the 
registration, the period of suspension shall not be 
longer than one year. 

(9) A majority of the members of the Board shall 
be present at a hearing and constitute a quorum. 

(10) The decision of a majority of the members 
of the Board present is the decision of the Board. 



(11) In the case of an equality of votes, the 
complaint made against the physiotherapist shall be 
dismissed. 

(12) Every decision of the Board shall be in 
writing, and notice of every decision shall be sent by 
registered mail to the physiotherapist at his latest 
address shown on the register or, where he is 
represented by counsel, to his counsel. R.R.O. 
1970, Reg. 233, s. 12. 

DESIGNATION 

12. No person other than a physiotherapist regis- 
tered under the Act shall advertise or use any title 
or add any affix to his name signifying that he is 
qualified to practise as a physiotherapist. R.R.O. 
1970, Reg. 233, s. 13. 

13. — (1) As an occupational designation, physio- 
therapists may only describe themselves as physio- 
therapists or registered physiotherapists and may use 
the letters "Reg. Pht," 

(2) Where a physiotherapist advertises or uses 
the words "clinic", "institute" or "health service", 
he shall include his name and the word "phys- 
iotherapy" or the word "physiotherapist". 

(3) A physiotherapist may describe his qualifi- 
cations or occupation in terms of the system of 
treatment that may be followed by physiotherapists 
as prescribed in the regulations. 

(4) No physiotherapist shall describe or cause to 
be described his qualifications or occupation in a 
manner that suggests the qualities or effectiveness 
of his services or skill other than in the manner 
set out in subsections (1), (2) and (3). R.R.O. 1970, 
Reg. 233, s. 14. 

ALLOWANCE FOR THE BOARD 

14. — (1) Members of the Board shall be paid, 



Reg. 253 



DRUGLESS PRACTITIONERS 



115 



(a) a per diem allowance ; and 

(b) an allowance for travelling and living 
expenses, 

while engaged on business of the Board, in the 
amounts prescribed by subsection (2). R.R.O. 1970, 
Reg. 233, s. 15 (1). 

(2) The allowance referred to in subsection (1) is, 

(a) an amount not to exceed $100 a day; and 

(b) the actual amount spent for travelling and 
living expenses. 

(3) The amount of the allowance paid under clause 
(2) (a) to each member shall not exceed $1,200 in any 
one year. O. Reg. 922/77, s. 3. 

(4) The Board may by resolution provide for the 
investment of the surplus revenue of the Board. 
R,R.O. 1970, Reg. 233, s. 15 (4). 

15. The accounts of the Board shall be audited 
annually by a chartered accountant. R.R.O. 1970, 
Reg. 233, s. 16. 

EXAMINATIONS 

16. — (1) The Board shall prescribe examinations 
for the admission of physiotherapists to practise in 
Ontario upon the subjects prescribed by subsection (2). 

(2) The subjects for examination are, 

(a) anatomy and physiology ; 

(b) theory of treatment by massage, manip- 
ulation and movement ; 

(c) electrotherapy; 

{d) anatomy and surface marking ; 

{e) massage and remedial exercises; and 

{/) electrotherapy and its application. 

(3) The examination on the subjects mentioned in, 

(a) clauses (2) (a), (b) and (c) shall be written; and 

(6) clauses (2) (d), (e) and (/) shall be oral. 
R.R.O. 1970, Reg. 233, s. 17. 

17. — (1) The Board shall conduct or cause to be 
conducted examinations at least once a year. 

(2) The Board shall conduct or cause to be con- 
ducted supplemental examinations within six months 
of the holding of the examinations under subsection 
(1). R.R.O. 1970, Reg. 233, s. 18. 



18. — (1) Any person who, 

(a) is of good moral character ; 

{b) is the holder of an Ontario Secondary 
School Graduation Diploma with nine 
papers of Grade 13, or an equivalent 
certificate as determined by the Minister 
of Health; and 

(c) has graduated from a school or college refer- 
red to in section 25, 

may apply to the secretary-treasurer as a candidate 
for the examinations. 

(2) Application for examination shall be made in 
Form 1 to the secretary-treasurer at least thirty 
days before the examination is to be held. 

(3) The application shall be accompanied by, 

(a) two letters testifjnng as to good moral 
character ; 

(b) an Ontario Secondary School Graduation 
Diploma with nine papers of Grade 13 or 
an equivalent certificate as determined by 
the Minister of Health; 

(c) a certificate in Form 2 from the head of the 
teaching staff of a school or college referred 
to in section 25 or, if the applicant is 
unable to produce a certificate in Form 2, 
a statement in Form 3 ; and 

(d) the examination fee prescribed by section 21. 

(4) The Board shall review the application and, if 
it finds that the application complies with the 
provisions of this Regulation, it shall inform the 
secretary-treasurer and the secretary-treasurer shall 
notify the candidate of the date, time and place 
fixed for the examination. R.R.O. 1970, Reg. 233, 
s. 19. 

19. — (1) A person who has, 

(a) been notified under subsection 18 (4); and 

(b) paid the fee prescribed by section 2 1 , may try 
the examinations. 

(2) A person who has, 

(a) tried the examinations ; 

(b) failed in not more than one subject; and 

(c) paid the fee prescribed by section 21, 

may try at a supplemental examination the subject 
in which he has failed. 

(3) A person. 



116 



DRUGLESS PRACTITIONERS 



Reg. 253 



(a) whose native language is not English ; and 

(b) who, 

(i) has attended courses of instruction 
in physiotherapy in a jurisdiction 
other than one of the provinces of 
Canada, 

(ii) is qualified as prescribed by section 25 
to try the examinations, 

(iii) has been notified under subsection 19 
(4), and 

(iv) has paid the fee prescribed by section 
21, 

may try the examinations in two groups not more 
than six months apart. R.R.O. 1970, Reg. 233, 
s. 20. 

20. A candidate for examination or supplemental 
examination shall be allowed, 

(a) 2^4 hours for each subject written; and 

(b) a maximum of one hour for each oral 
examination. R.R.O. 1970, Reg. 233, 
s. 21. 

21. A candidate referred to in section 20 shall pay a 
fee for examinations not exceeding, 

(a) $45 for the examinations ; and 

(b) $25 for the supplemental examinations. 

R.R.O. 1970, Reg. 233, s. 22. 

EXAMINERS 

22. — (1) At least one month before the date of an 
examination or supplemental examination, the 
Board shall appoint sufficient examiners, including a 
presiding examiner, to conduct the examination. 

(2) No person shall be appointed as a presiding 
examiner unless he is a member of the Board or a 
representative appointed by the Board. R.R.O. 
1970. Reg. 233, s. 23. 

23. The Board shall pay a presiding examiner or an 
examiner, 

(a) $15 for each examination over which the 
examiner presides ; 

(b) $25 for each half day or less during which 
the examiner conducts oral or practical 
examinations ; 

(c) an amount equal to the amount spent by 
the examiner for travelling and living 
exf)enses while acting as examiner; and 



(d) $3 for each written examination paper that 
the examiner reads and marks. R.R.O. 
1970, Reg. 233, s. 24. 

24. — (1) The Board or the representatives ap- 
pointed by it shall, 

(a) prepare the examination questions for each 
subject ; and 

(b) conduct the examination at the time set 
by the Board. 

(2) No examination question shall be submitted 
to a candidate for examination unless it has been 
approved by the Board. R.R.O. 1970, Reg. 233, 
s. 25. 

QUALIFICATIONS OF APPLICANTS 
FOR EXAMINATIONS 

25. — (1) An applicant for examination shall com- 
plete a course of not less than 2,600 hours of 
instruction in a school or college that conducts a 
course in physiotherapy. 

(2) The course of instruction shall include, 

(a) theoretical and clinical instruction in, 

(i) anatomy, 

(ii) chemistry, 

(iii) electrotherapy and physics, 
(iv) first aid, 

(v) gymnastics and recreation, 
(vi) hydrotherapy, 
(vii) massage and hospital technique, 

(viii) medical and surgical conditions, 
(ix) physiology, 

(x) psychology and psychiatry, and 

(xi) remedial exercises and methods of 
rehabilitation ; and 

(b) clinical experience and training of not less 
than 1 ,000 hours under the supervision of a 
physiotherapist in a public hospital ap>- 
proved under the Public Hospitals Act. 

(3) The course of instruction in anatomy shall not 
be less than 250 hours and shall include dissection 
performed or caused to be performed by the in- 
structor and the use of cadavers or parts thereof 
prepared by the instructor. R.R.O. 1970, Reg. 
233, s. 26. 



Reg. 253 



DRUGLESS PRACTITIONERS 



117 



1^" orm 1 

Drugless Practitioners Act 

APPLICATION FOR REGISTRATION AS A 
PHYSIOTHERAPIST BY EXAMINATION 

To : The Secretary-Treasurer, 

Board of Directors of Physiotherapy. 

I, 

(name) 



(address) 

apply for registration as a physiotherapist and in 
support submit the following information : 



1. Date and place of birth: 

2. Address: 



(post office) (province) 

3. My preliminary education comprised : 



4. I graduated from the. 
school or college at . . . 



5. I attended the following lectures at the school or 
college mentioned in paragraph 4 and I hold 
certificates in the following optional courses : 



Date. 



.dayof . 



,19. 



(signature of applicant) 
R.R.O. 1970, Reg. 233, Form 1. 

Form 2 

Dnigless Practitioners Act 

CERTIFICATE OF EDUCATION IN 
PHYSIOTHERAPY 



I 

(name) 

head of the teaching staff of . 



(school or college) 



hereby certify that . 



(name of graduate) 
has successfully completed the course in physiother- 
apy at 



Date. 



(school or college) 
day of . . . 



,19.. 



(signature) 
R.R.O. 1970, Reg. 233, Form 2. 

Form 3 

Drugless Practitioners Act 
STATEMENT OF QUALIFICATIONS 

I 

of the of 

in the of 

state that : 



1 . I am an applicant for examination for registration 
as a physiotherapist. 

2. I am unable to obtain and produce the Certificate 
of Education in Physiotherapy in Form 2 for 
the following reasons : 



3. I attended and successfully completed a course 
in physiotherapy, which course included all of 
the matters set out in section 25 of Regulation 253 
of Revised Regulations of Ontario, 1980 for 
Physiotherapists. This course was attended by 



me at, 



and I successfully completed the course in the 

year 19. . . . and obtained a diploma or degree 
as evidence thereof. 



Dated at this . 



. day of . 



,19.. 



(signature of applicant) 
R.R.O. 1970, Reg. 233, Form 3. 



Reg. 254 



EDIBLE OIL PRODUCTS 



119 



REGULATION 254 

under the Edible Oil Products Act 



GENERAL 

1. In this Regulation, "designated product" means 
an edible oil product designated under section 2. 
R.R.O. 1970, Reg. 234, s. 1. 



DESIGNATED PRODUCTS 

2. Products that, 

(a) do not contain a dairy product ; and 

{b) are manufactured by any means by which 
fat or oil, other than that of milk, has 
been processed or mixed or blended with 
one or more other ingredients so that the 
resultant product is an imitation of, or 
resembles, any dairy product, 

are designated edible oil products to which the Act 
applies. R.R.O. 1970, Reg. 234, s. 2. 



3. — (1) Every person who manufactures desig- 
nated products is required to be the holder of a 
licence in Form 2 in respect of each location at 
which he manufactures designated products. 

(2) An application for a licence to manufacture 
designated products shall be in Form 1. 

(3) A licence to manufacture designated products 
shall be in Form 2. 

(4) The fee for a licence in Form 2 is $500 in 
respect of each location at which designated prod- 
ucts are manufactured and shall accompany the 
application for the licence. R.R.O. 1970, Reg. 234, 
s. 3. 

4. — (1) A licence to sell by wholesale a designated 
product shall be issued only upon an application 
therefor in Form 3. 

(2) A licence to sell by wholesale a designated 
product shall be in Form 4. 

(3) The fee for a licence to sell by wholesale a 
designated product is $5 and shall accompany the 
application. R.R.O. 1970, Reg. 234, s. 4. 

5. — (1) A licence expires with the 31st day of 
December of the year for which it is issued. 

(2) Licences are not transferable. R.R.O. 1970, 
Reg. 234, s. 5. 



ADVERTISING AND LABELLING 

6. — (1) No person shall make an untrue claim by 
word or design in respect of a designated product 
in an advertisement or on the label of a container. 

(2) No advertisement respecting a designated 
product and no label on a container of a designated 
product shall, 

(a) state or imply that the designated product 
has a relation to any dairy product ; 

(b) use a dairy term or expression ; or 

(c) depict a dairy scene. 

(3) The words "an edible oil product" shall appear 
in every advertisement respecting a designated 
product and on every label of every container for 
the product. 

(4) Where the name or trade-name of a designated 
product appears in an advertisement respecting, or 
on the label of a container of, a designated product, 
the words "an edible oil product" shall, 

(a) immediately follow the name or trade-name ; 
and 

(b) be in letters not smaller than those in the 
name or trade-name. 

(5) Every container of a designated product shall 
have legibly displayed thereon the percentage of each 
ingredient. 

(6) No person shall display for sale at retail a 
designated product, 

(a) among dairy products ; 

(b) in a compartment used mainly for display 
of dairy products ; or 

(c) in a manner that implies the designated 
product has a relation to any dairy prod- 
uct. R.R.O. 1970, Reg. 234, s. 7. 



7. — (1) Every manufacturer of a designated product 
shall keep records showing, 

(a) the ingredients and the amounts thereof 
used in the manufacture of the designated 
product ; 



120 



EDIBLE OIL PRODUCTS 



Reg. 254 



(b) the quantities of the designated product 
that he has manufactured, sold and retained 
in storage ; and 

(c) the names and addresses of all persons to 
whom he has sold the designated product. 

(2) Every wholesaler of a designated product shall 
keep records showing, 

(a) the quantities of the designated product in 
storage and sold ; and 

{b) the names and addresses of persons to whom 
he has sold the designated product. 

(3) Every manufacturer or wholesaler shall main- 
tain the records made under subsection (1) or (2), as the 
case may be, for a period of not less than twelve 
months. R.R.O. 1970, Reg. 234, s. 8. 

POWERS AND DUTIES OF INSPECTORS AND ANALYSTS 

8. — (1) For the purpose of making an inspection an 
inspector may, at all reasonable hours, enter, 

(a) premises where a designated product is 
manufactured, stored, held for transport or 
delivery or sold ; and 

(6) conveyances being used for transport or 
delivery of, 

(i) a designated product, and 

(ii) edible oil products used in the 
manufacturing of a designated prod- 
uct. 

(2) In making an inspection an inspector may 
examine, 

(a) apparatus and equipment used in the manu- 
facturing and packaging of a designated 
product ; 

(6) materials or substances used in the manu- 
facturing and packaging of a designated 
product ; and 

(f) records kept under subsection 7 (1) or 
(2). R.R.O. 1970, Reg 234, s. 9. 

9. — (1) An inspector may obtain samples of a 
designated product in quantities sufficient for having 
an analysis made. 

(2) Where an inspector obtains a sample of a 
designated product, he shall, 

(a) make a report in Form S to the chief inspec- 
tor; and 

(b) deliver a copy of the report to the person 
in charge of the premises. 



(3) Where an analyst makes an analysis of the 
sample obtained by an inspector of a designated 
product, he shall make a report to the chief inspector 
in Form 6. R.R.O. 1970, Reg. 234, s. 10, revised. 

DETENTION OF EDIBLE OIL PRODUCTS 

10. — (1) Where an inspector finds an edible oil 
product that he has reasonable grounds to suspect 
does not comply with the Act and this Regulation, 
he may place the edible oil product under detention 
for such period of time as is necessary for analysis, 

(a) under the supervision of the inspector, by 
an analytical chemist who ordinarily makes 
examinations and analyses for the manu- 
facturer of the edible oil product ; or 

(b) by an analyst, including the time required 
for the issuance of his report. 

(2) Where an insjjector finds after analysis an 
edible oil product that does not comply with the 
Act and this Regulation, he may place the edible oil 
product under detention. R.R.O. 1970, Reg. 234, 
s. 11. 



11. Where an inspector has placed an edible oil 
product under detention he shall attach to the con- 
tainer or package of containers a numbered detention 
tag in Form 7 having in bold type the words "edible 
oil product under detention", and no person shall sell, 
offer for sale, move or allow or cause to be moved the 
edible oil product, container or package of containers 
or remove the detention tag without the written 
authority of an inspector or of the chief inspec- 
tor. R.R.O. 1970, Reg. 234, s. 12. 



12. Where an inspector is satisfied that an edible 
oil product, container or package of containers that 
has been placed under detention complies with the 
Act and this Regulation, he may release the edible 
oil product, container or package of containers from 
detention by removing the detention tag. R.R.O. 
1970, Reg. 234, s. 13. 



CONFISCATION OF EDIBLE OIL PRODUCTS 

13. — (1) Where an edible oil product does not 
comply with the Act and this Regulation and, 

(a) the edible oil product was placed under 
detention ; 

(b) the inspector delivered or sent by registered 
mail a copy of his report in Form 5 to the 
person in charge of the premises where the 
edible oil product is under detention and to 
the manufacturer whose name, if any, 
appears on the container or package of 
containers; and 



Reg. 254 



EDIBLE OIL PRODUCTS 



121 



(c) a period of not less than thirty days has 
elapsed from the delivery or sending of the 
inspector's report in Form 5, 

the edible oil product is confiscated and becomes the 
property of the Crown in right of Ontario. 

(2) Where an edible oil product has been confis- 
cated, it may be sold or otherwise disposed of as the 
chief inspector may direct, and the money, if any, 
derived therefrom is payable to Her Majesty in right of 
Ontario. R.R.O. 1970, Reg. 234, s. 14. 



F orm 1 

Edible Oil Products Act 

APPLICATION FOR LICENCE TO 
MANUFACTURE DESIGNATED PRODUCTS 

To: The Chief Inspector, 

Edible Oil Products Act, 
Ministry of Agriculture and Food, 
Legislative Buildings, 
Toronto, Ontario. 



(name of applicant) 



(address) 

applies for a licence to manufacture designated prod- 
ucts under Ihe Edible Oil Products Act and the regula- 
tions, and in support of this application the following 
facts are stated: 



1. Name. 



(Give name of person, partnership or 

corporation, and if partnership, give 

names of all partners) 

2. Business address 

3. Name of manufacturing plant 

4. Address of manufacturing plant 

5. Name of manager of plant (if any) 

6. Name or trade-name of each designated product 

7. Ingredients and percentages thereof of each 

desit^nated product 

8. The licence fee of $500 accompanies this 
application. 



(signature of applicant) 
R.R.O. 1970, Reg. 234, Form 1. 



bOrm 2 

Edible Oil Products Act 

Year No 

MANUFACTURER'S LICENCE 

Under the Edible Oil Products Act, and the regula- 
tions, and subject to the limitations thereof, this 
licence is issued to: 

(name) 

(address) 
to manufacture designated products at 



(location) 
This licence expires with the 31st day of December, 

19.... 

Issued at Toroqte, the day of , 

19.... 



Chief Inspector 
R.R.O. 1970, Reg. 234, Form 2. 



Form 3 

Edible Oil Products Act 

APPLICATION FOR LICENCE TO SELL BY 
WHOLESALE DESIGNATED PRODUCTS 

To: The Chief Inspector, 

Edible Oil Products Act, 
Ministry of Agriculture and P'ood, 
Legislative Buildings, 
Toronto, Ontario. 



(name of applicant) 



(address) 

applies for a licence to sell by wholesale designated 
products under the Edible Oil Products Act, and the 
regulations, and in support of this application, the 
following facts are stated: 



1. Name. 



(Give name of person, partnership or 

corporation, and if partnership, give 

names of all partners) 



122 



EDIBLE OIL PRODUCTS 



Reg. 254 



2. Address of head office 

3. Name of manager 

4. Business address 

5. Name or trade-name of each designated product 

6. Ingredients and f)ercentages thereof of each 
designated product 



(signature of applicant) 



By. 



(title of official signing if 
a partnership or corpwration) 

R.R.O. 1970, Reg. 234, Form i. 
Form 4 



Edible Oil Products Act 



Year. 



No. 



WHOLESALER'S LICENCE 

Under the Edible Oil Products Act, and the regula- 
tions, and subject to the limitations thereof, this 
licence is issued to: 



(name) 

(address) 
to sell by wholesale designated products. 

This licence expires with the 31st day of December, 
19.... 

Issued at Toronto, the day of , 

19 ... . 



Chief Inspector 
R.R.O. 1970, Reg. 234, Form 4. 

Form 5 

Edible Oil Products Act 

REPORT OF INSPECTOR TO THE 
CHIEF INSPECTOR 



1 . Date of inspection 

2. Premises 

3. Location 



(address) 

4. Person in charge of premises 

(name and position) 

5. Description of designated product 



6. Name or trade-name 

7. Ingredients and percentages thereof listed on 
container of designated product 

8. Quantity in sample 

9. Price paid for sample 

10. Identification mark on label of container of 

sample 

1 1 . Manufacturer 

12. Was detention effected? If so, amount 

under detention 

13. Detention Tag No 



Date. 



(signature of inspector) 
R.R.O. 1970, Reg. 234, Form 5. 

Form 6 

Edible Oil Products Act 

REPORT OF ANALYST TO THE 
CHIEF INSPECTOR 

1. Date and time of receipt of sample 

2. Condition of sample when received 

3. Name of manufacturer or trade-name on label of 
container of designated product 

4. Quantity in sample 

5. From whom received 

(name and address) 



Reg. 254 



EDIBLE OIL PRODUCTS 



123 



6. Identification mark on label of container of 
sample 

7. Date of analysis of sample 

RESULTS OF EXAMINATION AND ANALYSIS 

1. I found the sample has the following com- 
ponent parts and percentages thereof: i. Refined oils 
of animal, fish, marine-animal or vegetable, origin 

or any combination thereof per cent, 

ii. Water per cent, and iii. Other parts 

and percentages 

2. I found by analysis of the designated product in 

the sample the following values : i. Iodine value 

ii. Index of refraction iii. Saponification 

value iv. Reichert-Meisal value 

V. Polenske value vi. Kirschner value 

vii. Acid value 



I certify that the sample is . 
human consumption. 



(fit or unfit) 



.for 



Date. 



(signature of analyst) 
R.R.O. 1970, Reg. 234, Form 6. 

Form 7 

Edible Oil Products Act 

EDIBLE OIL PRODUCT UNDER DETENTION 

Detention Tag No 

Under the Edible Oil Products Act, and the regula- 
tions, I have placed under detention* the edible oil 
product in the container or package of containers to 
which this tag is attached. 



Date. 



(signature of inspector) 



^Section 11 of Regulation 254 of Revised Regulations 
of Ontario, 1980 reads as follows: 

Where an inspector has placed an edible oil product 
under detention he shall attach to the container or 
package of containers a numbered detention tag in 
Form 7 having in bold type the words "edible oil 
product under detention", and no person shall sell, 
offer for sale, move or allow or cause to be moved the 
edible oil product, container or package of containers 
or remove the detention tag without the written 
authoritN of an inspector or of the chief inspec- 
tor. R.R.O. 1970, Reg. 234, Form 7. 



Reg. 255 



EDUCATION 



125 



REGULATION 255 



under the Education Act 



CALCULATION OF AMOUNT OF RESERVE 

OR REDUCTION IN REQUIREMENT 
RESULTING FROM STRIKE OR LOCK-OUT 

1. — (1) The calculations under this Regulation 
shall be made for a board of education and for 
The Metropolitan Toronto School Board separately 
for public and for secondary school purposes. 

(2) Where actual financial data required for a 
calculation under this Regulation are not available 
when the calculation is required to be made, 
estimated data shall be used. 

(3) In this Regulation, "salaries and wages" 
means the salaries and wages, including fringe 
benefits, that are in effect on the date that the 
strike or lock-out commences. O. Reg. 708/76, s. 1. 

2. — (1) The amount that a board shall place in a 
reserve under subsection 210 (2) of the Act shall be 
calculated by, 

(a) determining the excess of, 

(i) the total of the salaries and wages 
that are included in the estimates 
of the board in such year and that 
are not paid to employees of the 
board in respect of the period of a 
strike by or lock-out of such em- 
ployees, or any of them, that occurs 
in such year, 

over, 

(ii) the expenditures incurred in such 
year by the board that, in the 
opinion of the Minister, are attribu- 
table to the strike or lock-out; 
and 

(6) subtracting from such excess the product 
of the percentage rate of grant for the 
board in respect of recognized ordinary 
expenditure, determined under the Regu- 
lation governing the payment of legislative 
grants for such year, and the reduction 
in the recognized ordinary expenditure 
for such year, as defined in such Regu- 
lation, in respect of the board, that 
results from such strike or lock-out. 

(2) The amount that, under clause 210 (3) (b) of the 
Act, shall be set out in a statement by the board, shall 
be calculated by. 



(a) determining the excess of, 

(i) the amount of money, 



(A) that would normally be paid 
as salaries and wages but is 
not paid to employees of 
the board in respect of the 
period of a strike by or 
lock-out of such employees, 
or any of them, that occurred 
in such year prior to the 
adoption of the estimates, 
and 

(B) that is excluded from the esti- 
mates of the board. 



over. 



(ii) the expenditures incurred by the 
board in such year prior to the 
adoption of the estimates that, in 
the opinion of the Minister, are 
attributable to such strike or lock- 
out ; and 

(b) subtracting from such excess the product 
of the percentage rate of grant for the board 
in resf)ect of recognized ordinary expendi- 
ture, determined under the Regulation 
governing the payment of legislative grants 
for such year, and the reduction in the 
recognized ordinary expenditure for such 
year, as defined in such Regulation, in 
respect of the board, that results from such 
strike or lock-out. O. Reg. 708/76, s. 2, 
part. 

3. — (1) In this section, 

(a) "area municipality" means an area m\inici- 
pality as defined in the Municipality of Met- 
ropolitan Toronto Act\ 

(b) "board" means a board of education of an 
area municipality ; 

(c) "School Board" means The Metrof>olitan 
Toronto School Board. 

(2) The amount that the School Board shall place in 
a reserve for public or secondary school purposes, as 
the case may be, under subsection 211 (2) of the Act, 
shall be calculated by, 

(a) determining the excess of. 



126 



EDUCATION 



Reg. 255 



(i) the total of the salaries and wages 
of employees of the boards and of 
the School Board that are included 
in the estimates of the School Board 
in such year and that are not paid 
to such employees in respect of the 
period of a strike by or lock-out of 
such employees, or any of them, 
that occurs in such year. 



(ii) the total of the expenditures incurred 
by the boards and the School Board 
in such year that, in the opinion of 
the Minister, are attributable to the 
strike or lock-out ; and 

(h) subtracting from such excess the product 
of the percentage rate of grant for the 
School Board in respect of recognized 
ordinary expenditure, determined under 
the Regulation governing the payment of 
legislative grants for such year, and the 
reduction in the recognized ordinary ex- 
penditure for such year, as defined in 
such Regulation, in respect of the School 
Board, that results from such strike or 
lock-out. 

(3) The amount that, under clause 211 (5) (b) of the 
Act, shall be set out in a statement by the School Board 
for public or secondary school purposes, as the case 
may be, shall be calculated b> , 

(a) determining the excess of, 

(i) the amount of money. 



(A) that would normally be |)aid 

as salaries and wages but 
is not paid to employees of 
the boards and of the School 
Board in respect of the period 
of a strike by or lock-out of 
such employees, or any of 
them, that occurred in such 
year prior to the adoption 
of the estimates, and 

(B) tiiat is excluded from the esti- 
mates of the School Boarfl, 



(ii) the total of the expenditures in- 
curred by the boards and the School 
Board in such year prior to the 
adoption of the estimates that, in 
the opinion of the Minister, are 
attributable to such strike or lock- 
out ; and 



(b) subtracting from such excess the product 
of the percentage rate of grant for the 
School Board in respect of recognized 
ordinary expenditure, determined under 
the Regulation governing the payment of 
legislative grants for such year, and the 
reduction in the recognized ordinary ex- 
penditure for such year, as defined in such 
Regulation, in respect of the School Board, 
that results from such strike or lock-out. 
O. Reji. 708/76, s. 3, part. 



Reg. 256 



EDUCATION 



127 



REGULATION 256 



under the Kducation Act 



r 



CALCULATION OF AVERAGE 
DAILY ENROLMENT 

1. In this Regulation, 

(a) "cycle" means the number of school days 
for which the schedule of classes in a school 
continues before such schedule is repeated; 

(ft) "full-time pupil" means a pupil who is enrol- 
led in (lay school other than in junior kinder- 
garten or kindergarten and who. in respect of 
a cycle, is registered for an average of more 
than 150 minutes per school day; 

(r) "half-time pupil" means a pupil who is enrol- 
led in junior kindergarten or kindergarten and 
who. in respect of a c>cle, is registered for an 
average of at least 1 50 minutes per school day; 

(d) "part-time pupil" means a pupil who is 
enrolled in day school and is neither a 
full-time pupil nor a half-time pupil. 
O. Reg. 863/76. s. 1; O. Reg. 64/78. s. 1; O. 
Reg. 231/80. s. 1. 

2. Average daily enrolment for a year shall be 
calculated by adding, 

(a) the product of 0.3 and the sum of, 

(i) the number of full-time pupils en- 
rolled on the last school day in 
January and 0.5 times the number 
of half-time pupils enrolled on such 
day, 

(ii) the quotient obtained by determin- 
ing, for each part-time pupil en- 
rolled on the last school day in 
January, the number of minutes 
for which such pupil is registered 
in the cycle that includes such day 
and dividing the sum of the num- 
bers so determined by the product 
of 300 and the number of days in 
such cycle. 



(iii) the number of full-time pupils en- 
rolled on the last school day in 
April and 0.5 times the number of 
half-time pupils enrolled on such 
day, and 

(iv) the quotient obtained by determin- 
ing, for each part-time pupil en- 
rolled on the last school day in 
April, the number of minutes for 
which such pupil is registered in 
the cycle that includes such day and 
dividing the sum of the numbers so 
determined by the product of 300 
and the number of days in such 
cycle ; 

(b) the product of 0.4 and the sum of, 

(i) the number of full-time pupils en- 
rolled on the last school day in 
September and 0.5 times the number 
of half-time pupils enrolled on such 
day, and 

(ii) the quotient obtained by determin- 
ing, for each part-time pupil en- 
rolled on the last school day in 
September, the number of minutes 
for which such pupil is registered 
in the cycle that includes such day 
and dividing the sum of the num- 
bers so determined by the product 
of 300 and the number of days in 
such cycle ; and 

(t) the quotient obtained by determining, for 
each pupil who is enrolled in a summer 
school or evening class, the product of the 
number of sessions for which the pupil is 
enrolled and the number of minutes in each 
session for which he is enrolled and 
dividing the sum of the products so 
determined by the product of 300 and the 
number of school days in the year. O. Reg. 
863/76, s. 2. 



Reg. 257 



EDUCATION 



129 



REGULATION 257 



under the Education Act 



I 



COUNTY COMBINED 
SEPARATE SCHOOL ZONES 

1. The following areas are designated as areas in 
which the separate school zones whose centres are 
within the areas are united to form county combined 
separate school zones : 

1. The County of Brant, designated as 
"Brant". 

2. The County of Elgin, designated as 
"Elgin". 

3. The County of Essex excluding the City of 
Windsor, designated as "Essex". 

4. The Regional Municipality of Halton, 
designated as ' ' Halton " . 

5. The County of Kent, designated as "Kent". 

6. The County of Lambton, designated as 
"Lambton". 

7 . That portion of The Regional Municipality of 
Niagara that was formerly the County of 
Lincoln, designated as "Lincoln". 

8. The County of Middlesex, designated as 
"London and Middlesex". 

9. The Regional Municipality of Durham 
except the Town of Newcastle, designated 
as "Durham Region". 

10. The County of Oxford, designated as 
"Oxford". 

1 1 . The County of Renfrew, designated as 
"Renfrew". 

12. The County of Simcoe and the Baxter Ward 
of the Township of Georgian Bay in The 
District Municipality of Muskoka, desig- 
nated as "Simcoe". 

13. The Regional Municipality of Waterloo, 
designated as "Waterloo". 

14. That portion of The Regional Municipality of 
Niagara that was formerly the County of 
Welland, designated as "Welland". 



15. The County of Wellington, designated as 
"Wellington". 

16. The Regional Municipality of Hamilton- 
Wentworth, designated as "Hamilton- 
Went worth". 

17. The Regional Municipality of York, desig- 
nated as "York Region": 

1 8. The United Counties of Prescott and Russell, 
designated as "Prescott and Russell'. 

19. The United Counties of Stormont, Dundas 
and Glengarry, designated as "Stormont, 
Dundas and Glengarry". 

20. The counties of Bruce and Grey, designated 
as "Bruce-Grey". 

21. The County of Dufferin and The Regional 
Municipality of Peel, designated as 
" Dufferin- Peel " . 

22. The counties of Frontenac and Lennox and 
Addington, designated as "Frontenac- 
Lennox and Addington". 

23. The Regional Municipality of Haldimand- 
Norfolk, designated as "Haldimand-Nor- 
folk". 

24. The counties of Hastings and Prince Edward 
and the Township of Airy and the geo- 
graphic townships of Dickens, Lyell, Mur- 
chison "and Sabine in the Territorial Dis- 
trict of Nipissing, designated as "Hastings- 
Prince Edward". 

25. The counties of Huron and Perth, desig- 
nated as "Huron-Perth". 

26. The County of Lanark and the United 
Counties of Leeds and Grenville, designated 
as "Lanark-Leeds and Grenville". 

27. The counties of Northumberland, Peter- 
borough and Victoria and the Town of 
Newcastle, designated as " Peterborough- 
Victoria-Northumberland and Newcastle". 
R.R.O. 1970, Reg. 797, s. 1 ; O. Reg. 16/72, 
s. 1 ; O. Reg. 442/72, s. 1 ; O. Reg. 232/73, 
s. 1 ; O. Reg. 85/74, s. 1 ; O. Reg. 222/74, 
s. 1 ; O. Reg. 629/74, s. 1. 



Reg. 258 



EDUCATION 



131 



REGULATION 258 



under the Education Act 



DESIGNATION OF SCHOOL DIVISIONS 
IN TERRITORIAL DISTRICTS 

1. — (1) The area in the territorial districts referred 
to in paragraph 1 of each Schedule-is designated as a 
school division. 

(2) The name set out in paragraph 2 of each 
Schedule is the name assigned to the divisional board 
that has jurisdiction in the school division referred 
to in paragraph 1 of the Schedule. R.R.O. 1970, 
Reg. 793, s. 1. 

Schedule 1 

1. In the Territorial District of Algoma, being, 

i. the towns of Bruce Mines and Thessalon, 

ii. the Village of Hilton Beach, 

iii. the townships of Hilton, Jocelyn, Johnson, 
Laird, Plummer Additional, St. Joseph 
and Thessalon, 

iv. the Township of MacDonald, Meredith and 
Aberdeen Additional, 

v. the Township of Tarbutt and Tarbutt 
Additional, and 

vi. the geographic townships of Aberdeen, 

Bridgland, Galbraith, Gould, Haughton, 

Kirkwood, McMahon, Morin, Rose and 
Wells. O. Reg. 394/71, s. 1. 

2. The Central Algoma Board of Education. 
R.R.O. 1970, Reg. 793, Sched. 1, par. 2. 



Schedule 2 

1. In the Territorial District of Algoma, being the 
Township of Wicksteed. 

2, The Hornepavne Board of Education. R.R.O. 
1970. Reg. 793. Sched. 2 : O, Reg. 354/72, s. 1. 



Schedule 3 

1. In the Territorial District of Algoma, being, 

i. the townships of Michipicoten and White 
River, and 



ii. the geographic townships of Esquega and 
Fiddler. 

2. The Michipicoten Board of Education. R.R.O. 
1970, Reg. 793, Sched. 3; O. Reg. 354/72, s. 2; 
O. Reg. 959/75, s. 1; O. Reg. 789/79, s. 1. 



Schedule 4 

1. In the Territorial District of Algoma, being, 

i. the towns of Blind River and Elliot Lake, 

ii. the Village of Iron Bridge, 

iii. the Township of Day and Bright Addi- 
tional, 

iv. the townships of the North Shore and 
Thomjjson, 

V. the geographic townships of Bright, Cob- 
den, Gladstone, Grasett, Jogues, Juillette, 
Kamichisitit, Mack, Montgomery, Nouvel, 
Parkinson, Patton, Scarfe, Timmermans 
and the portion of the geographic town- 
ship of Striker not included in the Town- 
ship of the North Shore, and 

vi. all the islands in the North Channel of 
Lake Huron lying south of the geographic 
townships of Bright, Cobden and the por- 
tion of Striker that is not part of the 
Township of the North Shore. 

2. The North Shore Board of Education. R.R.O. 
1970, Reg. 793, Sched. 4; O. Reg. 354/72, s. 3; 
O. Reg. 250/73, s. 1 ; O. Reg. 39/75, s. 1 ; O. Reg. 
959/75, s. 2; O. Reg. 830/76, s. 1 ; O. Reg. 925/78, 
s. 1. 



Schedule 5 

1. In the Territorial District of Algoma, being, 

i. the City of Sault Ste. Marie, 

ii. the Township of Prince, 

iii. the geographic townships of Archibald, 
Aweres, Dennis, Deroche, Fenwick, Fisher, 
Gaudette, Havilland, Herrick, Hodgins, 
Hopie, Jarvis, Kars, Kincaid, Ley, Peever, 
Pennefather, Rix, Ryan, Shields, Slater, 
Tilley, Topper and VanKoughnet, and 



132 



EDUCATION 



Reg. 258 



iv. the mining locations known as Montreal 
Mining Southern Location, Montreal Min- 
ing Northern Location, A. McDonnell 
Mining Location, Kincaid Mining Loca- 
tions 5, 6, 7 and 8 and Rankin Mining 
Location. 

2. The Sault Ste. Marie Board of Education. 
R.R.O. 1970, Reg. 793, Sched. 5 ; O. Reg. 959/75, s. 3; 
O. Reg. 254/78, s. 1. 



Schedule 6 

1. In the Territorial District of Cochrane, being, 

i. the towns of Cochrane and Iroquois Falls, 

ii. the townships of Black River- Matheson 
and Glackmeyer, and 

iii. the geographic townships of Aurora, 
Blount, Brower, Calder, Clute, Colquhoun, 
Fournier, Fox, Guibord, Hanna, Kennedy, 
Lamarche, Leitch, Munro, Newmarket, 
Ottaway, Pyne, St. John and Teefy. 

2. The Cochrane-Iroquois Falls Board of Educa- 
tion. R.R.O. 1970, Reg. 793, Sched. 6; O. Reg. 
354/72, s. 4; O. Reg. 431/72, s. 1 ; O. Reg. 250/73, 
s. 2;0. Reg. 39/75, s. 2. 

Schedule 7 

1 . In the Territorial District of, 
i. Cochrane, being, 

A. the Town of Hearst, 

B. the Township of Eilber and Devitt, 
and 

C. the geographic townships of Barker, 
Casgrain, Hanlan, Irish, Kendall, 
Landry, Lowther, Stoddard, 
Studholme and Way, and 

ii. Algoma, being the geographic townships of 
Ebbs and Templeton. 

2. The Hearst Board of Education. R.R.O. 1970, 
Reg. 793, Sched. 7; O. Reg. 431/72, s. 2; O. Reg. 
152/76, s. 1. 

Schedule 8 

1. In the Territorial District of Cochrane, being, 

i. the towns of Kapuskasing and Smooth 
Rock Falls, 

ii. the Township of Fauquier, 



iii. the Township of Owens, Williamson and 
Idington, 

iv. the Township of Shackleton and Machin, 

V. the Improvement District of Opasatika, 

vi. the geographic townships of Haggart, 
McCowan and O'Brien, and 

vii. the portion of the geographic Township of 
Owens that is not in the Township of Owens, 
Williamson and Idington. 

2. The Kapuskasing Board of Education. R.R.O. 
1970, Reg. 793, Sched. 8; O. Reg. 234/73, s. 1; 
O. Reg. 959/75, s. 4; O. Reg. 878/76, s. 2; O. Reg. 
584/77, s. 2; O. Reg. 822/80, s. 1; O. Reg. 1058/80, s. 1. 

Schedule 9 

1. In the Territorial District of Cochrane, being 
the City of Timmins. 

2. The Timmins Board of Education. R.R.O. 
1970, Reg. 793, Sched. 9; O. Reg. 431/72, s. 4; 
O. Reg. 250/73, s. 3; O. Reg. 39/75, s. 3. 

Schedule 10 

1. In the Territorial District of Kenora, being, 

i. the towns of Dryden and Sioux Lookout, 

ii. the townships of Barclay, Ignace and 
Machin, 

iii. the geographic townships of Aubrey, Brit- 
ton, Drayton, Eton, Hartman, Ilsley, Jor- 
dan, Ladysmith, Melgund, Mutrie, Redvers, 
Rowell, Rugby, Southworth, Van Home, 
Vermilion, Vermilion Additional, Wabi- 
goon, Wainwright and Zealand, and 

iv. that portion of Block 10 lying south of the 
production easterly and westerly of the most 
northerly limit of the geographic Township 
of Drayton. 

2. The Dryden Board of Education. R.R.O. 
1970, Reg. 793, Sched. 10; O. Reg. 354/72. s. 6; 
O. Reg. 254/78, s. 2. 

Schedule 11 

1. In the Territorial District of Kenora, being, 

i. the towns of Keewatin and Kenora, 

ii. the Township of Jaffray and Melick, 

iii. the Improvement District of Sioux Nar- 
rows, 



Reg. 258 



EDUCATION 



133 



s 



iv. the geographic townships of Boys, Kirkup, 
Pellatt and Redditt, 

V. all the lands in unsurveyed territory in 
the vicinity of the station house of the 
Canadian National Railways at Minaki 
described as follows : Commencing at a point 
distant 2.5 miles measured east astro- 
nomically from the northeast corner of 
the said station house; thence north astro- 
nomically 2.5 miles; thence west astronom- 
ically 5 miles; thence south astronomical- 
ly 5 miles; thence east astronomically 
5 miles; thence north astronomically 2.5 
miles to the point of commencement, and 

vi. except for those parts of the mainland 
which are crossed by the said line, all 
lands lying north of a line extending from 
the southernmost extremity of the geo- 
graphic township of Boys to the southwest 
corner of the geographic township of Kirk- 
up and south of the southerly boundaries 
of the geographic townships of Boys and 
Pellatt, the towns of Keewatin and Kenora 
and the Township of Jaffray and Melick. 

2. The Kenora Board of Education. R.R.O. 
1970. Reg. 793. Sched. 1 1 ; O. Reg. 354/72, s. 7. 

Schedule 12 

1. In the Territorial District of Kenora, being, 

i. the townships of Ear Falls and Red Lake, 

ii. the Improvement District of Balmertown, 

iii. the geographic townships of Baird. Dome 
and Heyson, 

iv. all lands within an area four miles in 
width and lying on both sides of the centre 
line of tertiary road Number 804 and 
within two miles of the said centre line 
measured at right angles thereto, and not 
in the Township of Ear Falls, and 

V. all lands within an area four miles in 
width and lying on both sides of the 
centre line of that part of the King's 
Highway known as Number 105 and 
within two miles of and measured at right 
angles to that portion of the centre line 
of the said part of the highway extending 
in a generally northerly and northwesterly 
direction from its intersection with the 
centre line of Pickerel Creek to its inter- 
section with the southerly limit of the 
Township of Red Lake, and not in the 
Township of Ear Falls or referred to in 
subparagraph iv. 

2. The Red Lake Board of Education. R.R.O. 
1970, Reg. 793, Sched. 12; O. Reg. 250/73, s. 4; 
O Reg. 499/76, s. 1. 



Schedule 13 

1. In the Territorial District of Manitoulin, being 
all of the said territorial district except the Township 
of Rutherford and George Island and the geographic 
townships of Carlyle, Humboldt and Killarney. 

2. The Manitoulin Board of Education. R.R.O. 
1970, Reg. 793, Sched. 13. 

Schedule 14 

1. In The District Municipality of Muskoka, 
being all of The District Municipality of Muskoka 
except the F'reeman Ward of the area municipality 
of the Township of Georgian Bay. 

2. The Muskoka Board of Education. R.R.O. 
1970, Reg. 793, Sched. 14. 

Schedule 15 

1. In the Territorial District of Nipissing, being, 

i. the City of North Bay, 

ii. the towns of Cache Bay, Mattawa and 
Sturgeon Falls, 

iii. the townships of Bonfield, Caldwell, Calvin, 
East Ferris, Field, Mattawan, Papineau 
and Springer, 

iv. the Improvement District of Cameron, and 

V. the geographic townships of Badgerow, 
Bastedo, Beaucage, Boyd, Clarkson, Com- 
manda, Crerar, Deacon, Eddy, Falconer, 
French, Gibbons, Hugel, Jocko, Kirk- 
patrick, Lauder, Loudon, Lyman, Mac- 
pherson, Pedley, Pentland, Phelps, Poitras 
and Wyse. 

2. The Nipissing Board of Education. R.R.O. 
1970, Reg. 793, Sched. 15; O. Reg. 354/72. s. 8; 
O. Reg. 39/75, s. 4. 



Schedule 16 

1. In the Territorial District of, 
i. Parry Sound, being, 

A. the Township School Area of Burk's 
Falls, 

B. the Township School Area of Curd, 
Patterson and Pringle, 

C. the Township School Area of Hardy, 
McConkey, Wilson, Mills and 
Pringle, 



134 



EDUCATION 



Reg. 258 



D. the Township School Area of Kear- 
ney, Bethune and Proudfoot, 

E. the Township School Area of 
Laurier, 

F. the Township School Area of Mag- 
netawan, 

G. the Township School Area of McMur- 
rich, 

H. the Township School Area of Nipis- 
sing, 

I. that part of the Township School Area 
of North Himsworth and East F"erris, 
lying within the Township of North 
Himsworth, 

J. the Township School Area of South 
Himsworth, 

K. the Township School Area of Perry, 

L. the Township School Area of South 
River, 

M. the Township School Area of Sund- 
ridge, 

N. School Section No. 3, in the geo- 
graphic townships of Bethune and 
Proudfoot, 

O. School Section No. 2, in the geo- 
graphic Township of Monteith, 

P. the School Section of the Town of 
Powassan, 

Q. all other lands not designated in 
Schedule 17' and 

ii. Nipissing, being the Township School Area 
of Chisholm. 

2. The East Parry Sound Board of Education. 
R.R.O. 1970, Reg. 793, Sched. 16. 



Schedule 17 



1. In, 



i. the Territorial District of Parry Sound, 
being, 



A. the Town of Parry Sound, 

B. the Village of Rosseau, 

C. the townships of Carling, Christie, 
Foley, Georgian Bay North 



Archipelago, Georgian Bay South 
Archipelago, Hagerman, Humphrey, 
McDougall and McKellar, 

D. the geographic townships of Blair, 
Brown, Burton, East Burpee, Fergu- 
son, Ferrie, Henvey, McKenzie, 
Mowatt and Wallbridge, 

E. those parts of the geographic 
townships of Croft and Spence which 
are not included in the Township 
School Area of Magnetawan, 

F. those parts of the geographic town- 
ships of Harrison and Shawanaga 
that are not in the Township of Geor- 
gian Bay North Archipelago, and 

ii. The District Municipality of Muskoka, being 
the Freeman Ward of the area municipality 
of the Township of Georgian Bay. 

2. The West Parry Sound Board of F>duca- 
tion. R.R.O. 1970, Reg. 793, Sched. 17; O. Reg. 

71/80, s. 24. 



Schedule 18 

1. In the Territorial District of Rainy River, 
being, 

i. the Township of Atikokan, 

ii. the geographic townships of Asmussen, 
Baker, Bennett, Hutchinson, McCaul, 
Tanner and Trottier, 

iii. all the lands in unsurveyed territory de- 
scribed as follows: Commencing at the 
southwest corner of the geographic township 
of Bennett, thence south astronomically 
6 miles; thence east astronomically to a 
point distant 6 miles measured south 
astronomically from the southeast corner 
of the geographic township of Baker; 
thence north astronomically 6 miles more 
or less to the southeast corner of the 
geographic township of Baker; thence 
west astronomically to the point of com- 
mencement, and 

iv. all the lands in unsurveyed territory des- 
cribed as follows: Commencing at the 
southwest corner of the geographic town- 
ship of McCaul ; thence south astronomical- 
ly 6 miles; thence east astronomically to 
a point distant 6 miles measured south 
astronomically from the southeast corner 
of the geographic township of Trottier; 
thence north astronomically 6 miles more 
or less to the southeast corner of the 
geographic township of Trottier; thence 



Reg. 258 



EDUCATION 



135 



» 



west astronomically to the point of com- 
mencement. 

2. The Atikokan Board of Education. R.R.O. 
1970, Reg. 793. Sched. 18; O. Reg. 354/72, s. 9. 



Schedule 19 

1. In the Territorial District of, 
i. Rainy River, being, 

A. the towns of Fort Frances and Rainy 
River, 

B. the townships of Alberton, Atwood, 
Blue, Chappie, Dilke, Emo, La Val- 
lee, Morley, Morson and Worth- 
ington, 

C. the Township of McCrosson and 
To veil, 

D. the Improvement District of Kingsford, 

E. the geographic townships of Claxton, 
Dance, Dewart, Menary, Mis- 
campbell, Nelles, Pratt, Sifton, Spohn 
and Sutherland, 

F. the Wild Land Reserve, and 
ii. Kenora, being, 

A. the geographic township of Phillips, 
and the west half of the geographic 
township of Godson, 

B. ail lands lying between the geo- 
graphic townships of Croome and 
Phillips described as follows. Com- 
mencing at the northwest corner 
of the geographic township of 
Croome ; thence north astronomical- 
ly to the southwest corner of the 
geographic township of PhilHps; 
thence east along the southerly 
boundary of that geographic town- 
ship to the southeast corner thereof; 
thence south astronomically to the 
northeast corner of the geographic 
township of Croome, thence west 
along the northerly boundary of 
that geographic township to the 
point of commencement, 

C. the area bounded by the easterly 
boundary of the geographic town- 
ship of Phillips, the northerly bound- 
ary of the geographic township of 
Godson and the southerly shore of 
Kakagi Lake. 



2. The Fort Frances-Rainy River Board of Edu- 
cation. R.R.O. 1970, Reg. 793. Sched. 19; O. Reg. 
354/72, s. 10. 

Schedule 20 

1. In the Territorial District of Sudbury, being, 

i. the Township of Chapleau, and 

ii. the geographic townships of Caverley, 
Chapleau, de Gaulle. Eisenhower, Genier, 
Halsey, Kaplan and Panet. 

2. The Chapleau Board of Education. R.R.O. 
1970. Reg. 793. Sched. 20; O. Reg. 354/72, s. 11; 
O. Reg. 959/75, s. 5. 

Schedule 21 

1 . In the Territorial District of Sudbury, being. 

i. the towns of Espanola, Massey and Webb- 
wood, 

ii. the townships of Baldwin, Nairn and The 
Spanish River, 

iii. the geographic townships of Curtin, Foster, 
McKinnon, Merritt, Mongowin and Shake- 
speare, and 

iv. the portion of the geographic township of 
Hyman that is not part of the Town of Wal- 
den. 

2. The Espanola Board of Education. R.R.O. 
1970, Reg. 793, Sched. 21; O. Reg. 431/72, s. 5; 
O. Reg. 250/73, s. 5; O. Reg. 959/75, s. 6. 

Schedule 22 

1. In the Territorial District of Sudbury, being, 

i. the City of Sudbur\', 

ii. the towns of Capreol, Nickel Centre, Ona- 
ping Falls, Rayside- Balfour, Valley East and 
Walden, 

iii. The Township of Casimir, Jennings and 
Appleby, 

iv. the Township of Cosby, Mason and Mart- 
land, 

V. the Township of Hagar, 

vi. the Township of Ratter and Dunnet, 

vii. the geographic townships of Allen, Awrey, 
Bigwood, Burwash, Cartier, Cascaden, 



136 



EDUCATION 



Reg. 258 



Cherriman, Cleland, Cox, Davis, Delamere, 
Foy, Haddo, Hart, Harty, Hawley, Hendrie, 
Henry, Hess, Hoskin, Janes, Laura, Lough- 
rin, Moncrieff, Scaddinj;, ScoUard, Secord, 
Servos and Street, 

viii. the portions of the geofjraphic townships of 
Dill, Eden and Tilton that are not part of the 
City of Sudbury, 

ix. the portion of the geographic township of 
Dryden that is not part of the Town of Nickel 
Centre, and 

X. the portion of the geographic township of 
Trill that is not part of the Town of Walden. 

2. The Sudbury Board of Education. R.R.O. 
1970, Reg. 793, Sched. 22; O. Reg. 431/72, s. 6; 
O. Reg. 250/73,5.6(1,2). 



Schedule 23 

1. In the Territorial District of Thunder Bay, 
being, 

i. the Town of Geraldton, 

ii. the townships of Beardmore and Longlac, 

iii. the geographic townships of Ashmore, 
Errington, Houck, Leduc and Oakes. 

2. The Geraldton Board of Education. R.R.O. 
1970. Reg. 793, Sched. 23; O. Reg. 354/72, s. 12; 
O. Reg. 830/76, s. 2. 

Schedule 24 

1. In the Territorial District of Thunder Bay, 
being, 

i. the City of Thunder Bay, 

ii. the townships of Conmee, Gillies, Neebing, 
O'Connor, Oliver, Paipoonge and Shuniah, 

iii. the geographic townships of Blackwell, 
Conacher, Devon, Forbes, Fraleigh, Goldie, 
Golding, Gorham, Hagey, Laurie, Lismore, 
Lybster, Marks, Michener, Pearson, Rob- 
son, Scoble, Sibley, Strange and Ware, and 

iv. the Dawson Road Lots, 

V. the area bounded by the easterly boundary of 
Lot 1, concessions 1 and 2 of the Dawson 
Road Lots; the southerly boundary of the 
geographic township of Forbes; the westerly 
shore of the Kaministiquia River (sometimes 
known as the Dog River) and the northerly 
shore of the Shebandowan River (sometimes 
known as the Matawin River). 



2. The Lakehead Board of Education. R.R.O. 
1970, Reg. 793, Sched. 24; O. Reg. 354/72, s. 13; 
O. Reg. 963/80, s. 1. 

Schedule 25 

1. In the Territorial District of Thunder Bay, 
being, 

i. the townships of Manitouwadge, Marathon, 
Schreiber and Terrace Bay, and 

ii. the geographic townships of Coldwell, 
Lahontan, Pic and Syine. 

2. The Lake Superior Board of Education. 
R.R.O. 1970, Reg. 793, Sched. 25; O. Reg. 354/72, 
s. 14;0. Reg. 959/75, s. 7. 



Schedule 26 

1. In the Territorial District of Thunder Bay, 

being, 

i. the townships of Dorion and Nipigon, 

ii. the Township of Red Rock, 

iii. lots 1 to 11 in concessions 4 to 11 in the 
geographic township of Lyon, and 

iv. concessions 1 and 2 and lots 1 to 6 in con- 
cessions 3 and 4 in the geographic township 
of Stirling. 

2. The Nipigon-Red Rock Board of Education 
R.R.O, 1970, Reg. 793, Sched. 26; O. Reg. 354/72. 
s. 15; O. Reg. 822/80, s. 2. 



Schedule 27 



1. In the Territorial District of, 
i. Timiskaming, being, 

A. the towns of Charlton, Cobalt, 
Englehart, Haileybury, Latchford 
and New Liskeard, 

B. the Village of Thornloe, 

C. the townships of Armstrong, 
Brethour, Casey, Chamberlain, Cole- 
man, Dack, Dymond, Evanturel, 
Harley, Harris, Hilliard, Hudson, 
James and Kerns, 

D. the geographic townships of Barber, 
Bayly, Beauchamp, Bryce. Cane. 
Firstbrook. Gillies Limit. Haultain, 
Henwood, Ingram, Lorrain. Lundy, 
Marter, Milner, Nicol, Pense, Robil- 



Reg. 258 



EDUCATION 



137 



lard, Savard, Sharpe, South Lor- 
rain, Truax and Tudhope, 

E. concessions 1 and 2 in the geographic 
townships of Catharine, Marquis and 
Pacaud, and 

ii. Nipissing, being, 

A. the Township of Temagami, and 

B. the geographic townships of Askin, 
Best, Briggs, Cassels, Chambers, 
Gladman, Joan, Kenny, Law, McCal- 
lum, McLaren, Milne, Olive, Phyllis, 
Riddell, Sisk, Thistle, Torrington 
and Yates. 

2. The Timiskaming Board of Education. R.R.O. 
1970, Reg. 793. Sched. 27; O. Reg. 354/72, s. 16; 
O. Reg. 254/78, s. 3. 



Schedule 28 

1. In the Territorial District of. 



i. Timiskaming, being, 

A. the Town of Kirkland Lake, 

B. the townships of Larder Lake and 
McGarry, 

C. the improvement districts of Gauthier 
and Matachewan, 

D. the geographic townships of Boston, 
Eby, Grenfell, Lebel, Maisonville, 
McElroy and Otto, and 

E. concessions 3, 4, 5 and 6 in the geo- 
graphic townships of Catharine, 
Marquis and Pacaud, and 

ii. Cochrane, being the portion of the geo- 
graphic township of Benoit that is not part 
of the Township of Black River- Matheson. 

2. The Kirkland Lake Board of Education. 
R.R.O. 1970, Reg. 793, Sched. 28; O. Reg. 354/72, 
s. 17; O. Reg. 431/72, s. 7; O. Reg. 39/75, s. 5; 
O. Reg. 609/76, s. 1. 



Reg. 259 



EDUCATION 



139 



REGULATION 259 



under the Education Act 



DISTRICT COMBINED SEPARATE 
SCHOOL ZONES 

1. The municipalities, geographic townshijjs and 
separate school zones referred to in paragraph 1 of 
each Schedule are designated as an area in which the 
separate school zones whose centres are within the 
area are united to form a district combined separate 
school zone. R.R.O. 1970, Reg. 798, s. 1. 

2. The name set out in paragraph 2 of each 
Schedule is the name designated for the area 
designated in paragraph 1 of the Schedule. R.R.O. 
1970, Reg. 798, s. 2. 

Schedule 1 

1. In the Territorial District of Kenora, being 
the towns of Keewatin and Kenora, the Town- 
ship of Jaffray and Melick, and the Improvement 
District of Sioux Narrows. 



2. Kenora District. 
Sched. 1. 



R.R.O. 1970, Reg. 798, 



Schedule 2 

1. In the Territorial District of Kenora, being 
the towns of Dryden and Sioux Lookout, the 
Township of Barclay, and the geographic townships 
of Melgund, Southworth and Zealand. 

2. Dryden District. R.R.O. 1970, Reg. 798, 
Sched. 2; O. Reg. 743/73, s. 1 ; O. Reg. 156/78, s. 1 ; 
O. Reg. 890/78, s. 1. 

Schedule 3 

1. In the Territorial District of Rainy River, being 
the towns of Fort Frances and Rainy River, and the 
townships of Alberton, Dilke, Emo, La Vallee and 
Motley. 

2. Fort Frances-Rainy River District. R.R.O. 
1970, Reg. 798, Sched. 3; O. Reg. 686/78, s. 1; 
O. Reg. 497/80, s. 1. 

Schedule 4 

1. In the Territorial District of Thunder Bay, 
being the City of Thunder Bay, and the townships 
of Neebing, Oliver, Paipoonge and Shuniah. 

2. Lakehead District. R.R.O. 1970, Reg. 798. 
Sched. 4; O. Reg. 17/72, s. 1 ; O. Reg. 37/74, s. 1. 



Schedule 5 



1. In the Territorial District of Thunder Bay, 
being the Town of Geraldton, the townships of 
Beardmore and Longlac, the geographic townships 
of Ashmore, Daley, Errington and Leduc, and the 
Roman Catholic Separate School Zone No. 1, 
Theresa, in unsurveyed territory. 

2. Geraldton District. R.R.O. 1970, Reg. 798, 
Sched. 7; O. Reg. 134/77, s. 1. 

Schedule 6 

1. In the Territorial District of Algoma, being, 

i. the City of Sault Ste. Marie, 

ii. the Township of Macdonald, Meredith and 
Aberdeen Additional, 

iii. the Township of Tarbutt and Tarbutt Addi- 
tional, 

iv. the townships of Johnson, Laird and' Prince, 
and 

V. the geographic townships of Archibald, 
Aweres, Dennis, Deroche, Fenwick, Fisher, 
Gaudette, Havilland, Herrick, Hodgins, 
Kars, Ley, Pennefather, Shields, Tilley, 
Tupper and VanKoughnet. 

2. Sault Ste. Marie District. R.R.O. 1970, Reg. 
798, Sched. 8; O. Reg. 432/72, s. 1 ; O. Reg. 630/74, 
s. 1; O. Reg. 156/78, s. 2; O. Reg. 14/80, s. I. 

Schedule 7 

1 . In the Territorial District of Algoma, being the 
townships of Michipicoten and White River and the 
geographic townships of Esquega and Fiddler. 

2. Michipicoten District. R.R.O. 1970, Reg. 798, 
Sched. 9. O. Reg. 27/76, s. 1; O. Reg. 790/79, s. 1. 

Schedule 8 

1 . In the Territorial District of, 

i. Algoma, being the towns of Blind River 
and Elliot Lake, the Village of Iron Bridge, 
the Township of Day and Bright Addi- 
tional, the Township of the North Shore, 
the geographic township of Cobden and the 
portion of the geographic township of 
Striker that is not part of the Township 
of the North Shore, 



140 



EDUCATION 



Reg. 259 



ii. Sudbury, being the towns of Espanola, 
Massey and Webbwood, the townships of 
Baldwin, Nairn and The Spanish River 
and the geographic townships of Curtin, 
Merritt and Mongowin, and 

iii. Manitoulin, being the Town of Little 
Current. 

2. North Shore District. R.R.O. 1970, Reg. 798, 
Schedule 10; O. Reg. 249/73, s. 1 ; O. Reg. 743/73, 
s. 2 ; O. Reg. 27/76. s. 2 ; O. Reg. 828/76, s. 2 ; O. Reg. 
910/78, s. 1. 

Schedule 9 

1. In the Territorial District of, 

i. Sudbury, being, 

A. the City of Sudbury, 

B. the towns of Capreol, Nickel Centre, 
Onaping Falls, Rayside-Balfour, 
Valley East and Walden, 

C. the Township of Casimir, Jennings 
and Appleby, 

D. the Township of Cosby, Mason and 
Martland, 

E. the Township of Hagar, 

F. the Township of Ratter and Dunnett, 

G. the geographic townships of Allen, 
Awrey, Bigwood, Burwash, Cartier, 
Cascaden, Cherriman, Cleland, Cox, 
Davis, Delamere, Foy, Haddo, Hart, 
Harty, Hawley, Hendrie, Henry, 
Hess, Hoskin, Janes, Laura, Lough- 
rin, Moncrieff, Scadding, Scollard, 
Secord, Servos and Street, 

H. the portions of the geographic 
townships of Dill, Eden and Tilton 
that are not part of the City of Sud- 
bury, 

L the portion of the geographic 
township of Dryden that is not part of 
the Town of Nickel Centre, and 

J. the portions of the geographic 
townships of Hyman and Trill that 
are not part of the Town of Walden, 

ii. ManitouHn, being the Township of Ruther- 
ford and George Island, and 

iii. Parry Sound, being the geographic township 
of Henvey. 

2. Sudbury District. R.R.O. 1970, Reg. 798, 
Sched. 11; O. Reg. 56/71, s. 1; O. Reg. 452/72, 
s. 1;0. Reg. 249/73, s. 2(1,2). 



Schedule 10 

1. In the Territorial District of Sudbury, being the 
township of Chapleau and the geographic town.ships of 
Caverley, Chapleau, Eisenhower, Gallagher, Genier 
and Panel. 

2. Chapleau District. O. Reg. 748/80, s. 1. 

Schedule 11 

1. In the Territorial District of, 

i. Nipissing, being the City of North Bay, 
the towns of Cache Bay, Mattawa and 
Sturgeon Falls, the Improvement District 
of Cameron, the townships of Bonfield, 
Caldwell, Calvin, Chisholm, East Ferris, 
Field, Mattawan, Papineau and Springer, 
and the geographic townships of Badgerow, 
Beaucage, Clarkson, Crerar, Falconer, 
Gibbons, Grant, Hugel, Kirkpatrick, 
Loudon, Lyman, Macpherson, Pedley, 
Pentland, Phelps and Poitras, and 

ii. Parry Sound, being the townships of 
Nipissing, North Himsworth and South 
Himsworth. 

2. Nipissing District. R.R.O. 1970, Reg. 798, 
Sched. 12; O. Reg. 432/72, s. 3; O. Reg. 65/75, s. 1. 

Schedule 12 

1. In the Territorial District of Timiskaming, 
being the towns of Colbalt , Haileybury , Latchford and 
New Liskeard, the Village of Thornloe, the townships 
of Armstrong, Brethour, Casey, Coleman, Dymond, 
Evanturel, Harley, Harris, Hilliard, Hudson, James 
and Kerns and the geographic townships of Beau- 
champ, Cane, Firstbrook and Henwood. 

2. Timiskaming District. R.R.O. 1970, Reg. 798, 
Sched. 13; O. Reg. 678/75, s. 2. 

Schedule 13 

1. In the Territorial District of Timiskaming, 
being the towns of Charlton, Englehart and Kirk- 
land Lake, the improvement districts of Gauthier 
and Matachewan, the townships of Chamberlain, 
Larder Lake and McGarry and the geographic 
townships of Boston, Grenfell, Lebel, Maisonville 
and Otto. 

2. Kirkland Lake District. R.R.O. 1970, Reg. 
798, Sched. 14; O. Reg. 432/72, s. 5; O. Reg. 
249/73, s. 4; O. Reg. 471/76, s. 1. 

Schedule 14 

1. In the Territorial District of Cochrane, being, 
i. the towns of Cochrane and Iroquois Falls, 



Reg. 259 



EDUCATION 



141 



ii. the townships of Black River-Matheson 
and Glackmeyer, and 

iii. the geographic townships of Brower, Cal- 
der, Clute, Fox, Lamarche, Newmarket 
and Pyne. 

2. Cochrane-Iroquois Falls District. R.R.O. 

1970, Reg. 798. Sched. 15; O. Reg. 65/75, s. 2; O. 
Reg. 156/78, s. 3. 

Schedule 15 

1. In the Territorial District'of Cochrane, being, 

i. the towns of Kapuskasing and Smooth 
Rock Falls, 

ii. the Township of Fauquier, 

iii. the Township of Owens, Williamson and 
Idington, 

iv. the Township of Shackleton and Machin, 

V. the Improvement District of Opasatika, 

vi. the geographic townships of Haggart, 
Nansen and O'Brien, and 



vii. the portion of the geographic Township of 
Owens not included in the Township of 
Owens, Williamson and Idington. 

2. Kapuskasing District. R.R.O. 1970, Reg. 798, 
Sched. 16; O. Reg. 233/73, s. 1 ; O. Reg. 65/75, s. s'; 
O. Reg. 608/76, s. 1; O. Reg. 823/80, s. 1. 



Schedule 16 

1. In the Territorial District of Cochrane, being the 
Town of Hearst, the Township of Eilber and Devitt, 
and the geographic townships of Casgrain, Hanlan, 
Kendall, Lowther, Stoddard, Studholme and Way. 

2. Hearst District. R.R.O. 1970, Reg. 798, Sched. 
17; O.Reg. 153/76, s. 3. 

Schedule 17 

1. In the Territorial District of Cochrane, being 
the City of Timmins. 

2. Timmins District. R.R.O. 1970, Reg. 798, 
Sched. 18; O. Reg. 452/72, s. 3; O. Reg. 65/75, s. 4. 



Reg. 260 



EDUCATION 



143 



REGULATION 260 



under the Education Act 



DISTRICT SCHOOL AREAS 

THE AIRY AND SABINE DISTRICT SCHOOL AREA 

1. The Airy District School Area and The Sabine 
District School Area are combined into one district 
school area to be known as The Air> and Sabine Dis- 
trict School Area. O. Reg. 842/79. s. 1. 

THE COLLI.NS DISTRICT SCHOOL AREA 

2. The lands described in the following Schedule 
are formed into a district school area to be known as 
The Collins District School Area: 

Schedule 

All and singular that tract of land situate in the 
Territorial District of Thunder Bay, having an area of 
one square mile and bounded as follows: 

On the north by a line drawn due east and west 
astronomically through a point distant one half-mile 
measured due north astronomically trom mile 
board 2 1 on the main line of the Canadian National 
Railway at the hamlet of Collins; on the east by a line 
drawn due north and south astronomically through a 
point distant one half-mile due east astronomicalh 
from the said mile board; on the south by a line drawn 
due east and west astronomically through a point dis- 
tant one half-mile due south astronomically from the 
said mile board; and on the west by a line drawn due 
north and south astronomicall>' through a point distant 
one half-mile due west astronomically from the said 
mile board. O. Reg. 582/79, s. 1. 

THE CONNELL AND PONSFORD DISTRICT 
SCHOOL AREA 

3. The part of the Improvement District of Pickle 
Lake in the Patricia Portion of the Territorial District 
of Kenora that is not within The Connell and Ponsford 
District School Area is added to such district school 
area. O. Reg. 652/80, s. 1, part. 

THE LONG DOG DISTRICT SCHOOL AREA 

4. The lands de.scribed in the following Schedule 
are formed into a district school area to be known as 
The Long Dog District School Area: 

Schedule 

AH and singular that tract of land situate in the 
Patricia Portion of the Territorial District of Kenora, 
more particularly described as follows: 



The area enclosed by the circle having a radius of 3.2 
kilometres scribed by using the point of intersection of 
the co-ordinates of latitude 53° 30' North and lon- 
gitude 89° 11' West as centre. O. Reg. 747/80, s. 1. 

THE MCCULLAGH DISTRICT SCHOOL AREA 

5. The portion of The Connell and Ponsford Dis- 
trict School Area that is in the geographic Township of 
McCullagh in the Patricia Portion of the Territorial 
District of Kenora, being all that portion of such dis- 
trict school area that is not in the Improvement Dis- 
trict of Pickle Lake, is detached from The Connell and 
Ponsford District School Area and formed into The 
McCullagh District School Area. O. Reg. 652/80, 
s. 1, part. 

THE MOOSE FACTORY ISLAND DISTRICT 
SCHOOL AREA 

6. The lands described in the following Schedule 
are formed into a district school area to be known as 
The Moose Factory Island District School Area: 

Schedule 

The area in the Territorial District of Cochrane con- 
sisting of the islands in the Moose River that are 
situate in their entirety north of the line formed by the 
projection easterly of the southerly boundary of the 
geographic Township of Horden to the westerly limit 
of Indian Reserve Xo. 68, except Indian Reserve No. 1 
on Moose Factory Island. O. Reg. 70/80, s. 1. 

THE MOOSONEE DISTRICT SCHOOL AREA 

7. The following parts of the Territorial District of 
Cochrane are added to The Moosonee District School 
Area: 

1. The geographic Township of Caron. 

2. The parts of the geographic townships of 
Horden and Moose that are not in The 
Moosonee District School Area, except the 
parts of such geographic townships that are 
composed of islands and parts of islands in 
the Moose River. O. Reg. 867/76, s. 1. 

THE NORTHERN DISTRICT SCHOOL AREA 

8. The Allanwater District School Area, The 
Armstrong District School Area, The Auden District 
School Area, The P'erland District School Area and 
The Savant Lake District School Area are combined 
into one district school area to be known as The 
Northern District School Area. O. Reg. 232/80, s. 1. 



144 



EDUCATION 



Reg. 260 



THE SLATE FALLS DISTRICT SCHOOL AREA 

9. The lands described in the following Schedule 
are formed into a district school area to be known as 
The Slate Falls District School Area. O. Reg. 722/76, 
s. 1. 

Schedule 

All and singular that tract of land situate in the 
Patricia Portion of the Territorial District of Kenora, 
more particularly described as follows: 

Beginning at the place of intersection of the Ninth 
Base Line and the Fourth Meridian; thence easterly 
along the Ninth Base Line a distance of six miles to a 
point; thence northerly and parallel to the Fourth 
Meridian a distance of six miles to a point; thence 
westerly and parallel to the Ninth Base Line to a point 
in the Fourth Meridian; thence southerly along the 
Fourth Meridian to the place of beginning. O. Reg. 
722/76, Sched. 

THE STURGEON LAKE DISTRICT SCHOOL AREA 

10. The lands described in the following Schedule 
are formed into a district school area to be known as 
The Sturgeon Lake District School Area: 



Schedule 

All and singular that tract of land situate in the 
Territorial District of Kenora being within an area 
four miles in width lying on both sides of the centre 
line of secondary highway No. 599 and within two 
miles of and measured at right angles to that portion of 
the said centre line extending from the easterly bound- 
ary of the Township of Ignace northeasterly a distance 
of forty-five miles. O. Reg. 956/76, s. 1; O. Reg. 
911/77, s. 1. 



THE SUMMER BEAVER DISTRICT SCHOOL AREA 

11. The lands described in the following Schedule 
are formed into a district school area to be known as 
The Summer Beaver District School Area. O. Reg. 

721/76, s. 1. 



Schedule 

All and singular that tract of land situate in the 
Patricia Portion of the Territorial District of Kenora 
being within a radius of two miles from a point having 
a latitude of 52° 45' North and a longitude of 88° 30' 
West. O. Reg. 721/76, Sched. 



Reg. 261 



EDUCATION 



145 



REGULATION 261 



under the Education Act 



EARLY SCHOOL-LEAVING 
1, In this Regulation, 

(a) "child" means a person of compulsory 
school age . who has attained the age of 
fourteen years ; 

{b) "committee" means a committee estab- 
lished under section 2 ; 

(c) "parent" includes guardian ; 

(d) "pupil" means a child for whom a program 
has been prescribed under subsection 3 
(4). O. Reg. 159/75, s. 1. 

2. — (1) A board shall establish a committee for 
the purposes of this Regulation and designate the 
secretary thereof. 

(2) A committee shall be composed of such 
persons, not fewer than three, as may be appointed 
by a board in each year, and a quorum of a com- 
mittee shall consist of, 

(a) a chairman who shall be a member of the 
board ; 

(b) a supervisory officer who qualified as such 
as a teacher, and is employed by the 
board or, where the board does not 
employ a supervisory officer, the appro- 
priate provincial supervisory officer for 
the area in which the board has juris- 
diction ; and 

(c) at least one person, in addition to those refer- 
red to in clauses (a) and (b). O. Reg. 159/75, 
s. 2. 

3. — (1) A parent of a child may apply in writing 
to the principal of the school that the child attends 
or has a right to attend to have the child excused 
from attendance, and the parent shall state in the 
application why he considers that the child should 
be so excused. 

(2) Where an application is made under sub- 
section (1), the principal shall forthwith forward the 
application to the secretary of the committee, and 
the committee shall consider the application and 
any oral or written submission made by any person 
in support thereof or in opposition thereto and may 
require the principal, the guidance counsellor and 
any other teacher of the school that the child 
attends or has a right to attend, and the school 
attendance counsellor, to report to the committee 



upon the child in respect of whom the application 
is made and to make recommendations in respect 
of the application. 

(3) The committee shall, after interviewing the 
child, his parent and, where the committee con- 
siders it appropriate, any other person, determine 
that the child shall, 

(a) attend school as required by subsection 20 (1) 
of the Act; 

(b) attend school on a part-time basis in a 
program prescribed by the committee ; or 

(c) be excused from attendance at school if he 
conforms to a program prescribed by the 
committee. 

(4) Where the parent of the child concurs with a 
determination under clause 3 (6) or (c), the committee 
shall prescribe a program for the child, involving con- 
tinuing studies or other activity or both, directed 
toward the child's needs and interests, and the secre- 
tary of the committee shall notify in writing the school 
attendance counsellor, the principal of the school and 
the child and his parents of the action taken by the 
committee and, where the parent does not concur with 
such determination, the child shall continue to attend 
school. 

(5) A pupil shall conform to the program as pre- 
scribed for him by the committee under subsection (4) 
or as altered under section 6 and is excused from 
attendance at school as determined by the committee 
only so long as he does so. 

(6) A pupil who is excused from attendance at 
school as determined by the committee under subsec- 
tion (3) shall be included as a full-time pupil in the 
enrolment of, 

(a) the school that he attends on a part-time 
basis ; or 

{b) subject to section 10, the school that he 
would attend if he were not excused from 
full-time and part-time attendance at 
school, 

until he is no longer of compulsory school age. 
O. Reg. 159/75, s. 3. 

4. — (1) The school attendance counsellor shall 
have the same powers and shall perform the same 
duties in respect of a pupil as in the case of a child 
who is not excused from attendance at school. 



146 



EDUCATION 



Reg. 261 



(2) The principal and school attendance counsellor 
shall, in addition to any other reports required of 
them, report to the committee from time to time as 
required by the committee regarding the progress 
of a pupil, and they are entitled to require and 
obtain from the parent and from any person 
associated with the conduct of the program pre- 
scribed for the pupil such information in respect of 
the progress of the pupil as they require for their 
reports. O. Reg. 159/75, s. 4. 

5. The parent of a child may examine the reports 
and recommendations in respect of the child made 
under subsection 3 (2), and the parent of a pupil may 
examine a report in respect of the pupil under subsec- 
tion 4 (2). O. Reg. 159/75, s. 5. 



6. — (1) Where a parent of a pupil wishes to alter 
the program prescribed for the pupil by the com- 
mittee, the parent may apply in writing to the 
secretary of the committee for approval of such 
alteration by the committee. 

(2) Pursuant to the application of a parent under 
subsection (1) or to a report under subsection 4 (2), the 
committee may, after discussion of the application or 
the report with the pupil and his parent, alter the pro- 
gram of the pupil and shall notify in writing the school 
attendance counsellor, the principal of the school, the 
child and his parent of any such alteration. O. Reg. 
159/75, s. 6. 

7. A board shall transmit to the provincial school 
attendance counsellor on or before the 31st day of 
July in each year a report summarizing the activities 
of its committee for the preceding school year and 
shall set out therein the number of pupils who during 
such school year, 

(a) were excused from attendance at school ; 

(b) were required to attend school on a part- 
time basis only ; and 

(c) returned to full-time attendance at school. 
O. Reg. 159/75, s. 7. 

8. Where a pupil and his parent move from the 
area of jurisdiction of the board under which the 
program is prescribed for the pupil to the area of 



jurisdiction of another board, the pupil shall be 
removed from the roll on which he was included under 
sub.section 3 (6), and the board for the school section or 
separate school zone or secondary school district in 
respect of which the pupil is then qualified to be a 
resident pupil shall refer to its committee the question 
of whether the pupil should be excused from atten- 
dance at a school operated by the last-mentioned 
board, and the committee shall make the determina- 
tion in accordance with subsections 3 (2) and (3) and 
may prescribe a program for the pupil in accordance 
with subsection 3 (4), and for such purpose the com- 
mittee shall have access to all reports, recommenda- 
tions and submissions made to the committee of a 
board that previously prescribed a program for the 
pupil. O. Reg. 159/75, s. 8. 



9. Where a pupil resides within the area of 
jurisdiction of the board under which the program 
for the pupil is administered but ceases to be a 
resident pupil of such board by reason of the parent 
of the pupil ceasing to reside within the area of 
jurisdiction of the board, the pupil shall continue 
in the program in accordance with this Regulation 
without the payment of a fee. O. Reg. 159/75, 
s. 9. 



10. Where a pupil has ceased to reside within 
the area of jurisdiction of the board under which 
the program for the pupil was prescribed and the 
pupil is not qualified to be a resident pupil of the 
board in whose area of jurisdiction he has taken 
up residence, the pupil is not excused from attend- 
ance at school unless he continues to conform to the 
program that was prescribed for him and, where the 
pupil continues in the program, he shall do so 
without the payment of a fee and shall remain 
enrolled as a full-time pupil of the school where he 
was enrolled immediately before his change of 
residence, and the school attendance counsellor for 
the board that has jurisdiction in the area in which 
the pupil resides shall give such assistance and 
co-operation to the principal and school attendance 
counsellor who makes the reports to the committee 
under subsection 4 (2) as that principal or school atten- 
dance counsellor may require. O.Reg. 159/75, s. 10. 



Reg. 262 



EDUCATION 



147 



REGULATION 262 



under the Education Act 



ELEMENTARY AND SECONDARY SCHOOLS 

AND SCHOOLS FOR TRAINABLE 

RETARDED CHILDREN— GENERAL 

1. In this Regulation, 

(a) "business studies" means the courses in 
general studies that are developed from 
curriculum guidelines listed under the 
heading "Business Studies" in circular 
H.S.I, issued by the Ministry; 

(b) "department" means an organizational 
unit of a secondary school in which three 
or more teachers, under the direction and 
supervision of one of them, teach courses 
in one or more subjects or in an area of 
study for the equivalent of the full time of 
at least two teachers for a school year ; 

(c) "division" means the primary division, 
the junior division, the intermediate divi- 
sion or the senior division ; 

(d) "French as a second language" includes 
programs for English speaking pupils in 
which French is the language of instruc- 
tion; 

(e) "general studies" means the courses de- 
veloped from curriculum guidelines that 
are issued by the Minister for the inter- 
mediate division and senior division and 
hsted under a heading other than "Tech- 
nological Studies" in circular H.S.I, issued 
by the Ministry ; 

(/) "individual psychological examination or 
test" means an examination or test of a 
pupil's intelligence or personality adminis- 
tered to one pupil by an examiner ; 

(g) "parent" includes guardian; 

(A) "technological studies" means the courses 
developed from curriculum guidehnes that 
are issued by the Minister for the inter- 
mediate division and senior division and 
hsted under the heading "Technological 
Studies" in circular H.S.I, issued by the 
Ministry. O. Reg. 704/78, s. 1. 

ACCOMMODATION 

2. — (1) A board shall file with the Ministry 
plans for the erection of, addition to, or alteration 
of a school building together with details of the 
site thereof. 



(2) It is a condition of the payment of a legis- 
lative grant in respect of capital cost that the 
plans and details referred to in subsection (1) be 
approved by the Minister. O. Reg. 704/78, s. 2. 

DAILY SESSIONS 

3. — (1) Subject to subsection (2), the school day 
for pupils shall consist of not less than five hours 
including a recess or interval but not including the 
lunch break. 

(2) A board may reduce the length of the school 
day for pupils in junior kindergarten, kindergarten 
and special education programs. 

(3) The lunch break for pupils and teachers shall 
be not less than forty minutes. 

(4) There shall be a morning recess and an 
afternoon recess, each of which shall be from ten to 
fifteen minutes in length, for pupils in the primary 
division and the junior division. 

(5) In the intermediate division and the senior 
division, a principal may, subject to the approval 
of his board, provide for recesses or intervals for 
pupils between periods. 

(6) Unless a board otherwise directs for some or 
all of its pupils the instructional program for 
pupils on a school day shall begin not earlier than 
9 a.m. and end not later than 4 p.m. 

(7) The instructional program for a pupil on a 
school day shall begin not earlier than 8 a.m. and 
end not later than 5 p.m. except with the approval 
of the Minister. 

(8) Every board shall determine the period of 
time during each school day when its school 
buildings and playgrounds shall be open to its 
pupils, but in every case the buildings and the 
playgrounds shall be open to pupils during the 
period beginning fifteen minutes before classes 
begin for the day and ending fifteen minutes after 
classes end for the day. O. Reg. 704/78, s. 3. 

NATIONAL ANTHEM 

4. The opening or closing exercises in a school 
shall include Canada and may include God Save 
the Queen. O. Reg. 704/78, s. 4. 



5. Every school shall fly the National Flag of 
Canada or the National Flag of Canada and the 



148 



EDUCATION 



Reg. 262 



Provincial Flag of Ontario on such occasions as its 
board directs and shall display in the school, 

(a) the National Flag of Canada ; or 

(b) the National Flag of Canada and the 
Provincial Flag of Ontario. O. Reg. 
704/78, s. 5. 

EMERGENCY PROCEDURES 

6. — (1) Every board shall establish procedures 
that shall be followed in the event of fire and 
other emergencies that may develop on or adjacent 
to school property and shall provide for drill in 
such procedures. 

(2) Every principal shall hold emergency drill 
in accordance with the procedures established 
under subsection (1) at least three times between the 
first school day of the school year and the 31st day 
of December and at least three times between the 
1st day of January and the last school day of the 
school year. 

(3) Every person in a school building shall take 
part in emergency drill. O. Reg. 704/78, s. 6. 

TEXTBOOKS 

7. — (1) The principal of a school, in consultation 
with the teachers concerned, shall select from the 
list of the textbooks approved by the Minister the 
textbooks for the use of pupils of the school, and 
the selection shall be subject to the approval of his 
board. 

(2) Where no textbook for a course of study is 
included in the list of the textbooks approved by the 
Minister, the principal of a school, in consultation 
with the teachers concerned, shall, where they con- 
sider a textbook to be required, select a suitable 
textbook and, subject to the approval of his board, 
such textbook may be introduced for use in the 
school. 

(3) In the selection of textbooks under sub- 
section (2), preference shall be given to books that 
have been written by Canadian authors and edited, 
printed and bound in Canada. 

(4) A board shall provide without charge for the 
use of each pupil enrolled in a day school, operated 
by the board, such of the textbooks selected under 
subsections (1) and (2), as relate to the courses in 
which the pupil is enrolled, except textbooks that 
relate to courses for credit towards the Secondary 
School Honour Graduation Diploma. O. Reg. 
704/78, s. 7. 

GRADES 9 AND 10 IN ELEMENTARY SCHOOLS 

8. — (1) An elementary school board whose area 
of jurisdiction is not within a secondary school 
district shall provide for resident pupils of the 



board at the grade 9 and 10 level instruction that 
is acceptable for credit towards a secondary school 
graduation diploma, except where the board pro- 
vides daily transportation or reimbursement for 
board, lodging and transportation once a week for 
such pupils, to another school where such instruc- 
tion is provided. 

(2) An elementary school board whose area of 
jurisdiction is within a secondary school district 
may provide for its resident pupils at the grade 9 
and 10 level instruction that is acceptable for 
credit towards a secondary school graduation 
diploma. O. Reg. 704/78, s. 8. 

CONTINUING EDUCATION CLASSES 

9. — (1) The course of study for a continuing 
education class, the number of times that a 
continuing education class shall be held each week 
and the length of time per session of each con- 
tinuing education class shall be determined by 
the board or boards establishing the continuing 
education class except that an elementary school 
board may offer continuing education classes only 
in courses of study that the board is authorized 
or required to provide in its day school program 
in the primary, junior and intermediate divisions. 

(2) Notwithstanding subsection (1), an elementary 
school board may offer as a subject at the primary 
division, junior division and intermediate division 
level in its continuing education classes, a language 
other than English or French. 

(3) The accommodation and equipment of a day 
school may be used for a continuing education 
class. 

(4) The requirements for a continuing education 
class are the same as the requirements for day 
schools under the Act and the regulations in 
respect of, 

(a) the management of classes ; 

(b) the admission and discipline of pupils; 

(c) subject to subsection (5), the duties and 
qualifications of and the requirements for 
teachers and principals; 

(d) the textbooks to be used ; and 

(e) the granting of credits. 

(5) A board may employ a person who is not a 
teacher to teach in a continuing education class a 
course that is not to be recognized for credit 
provided such person holds qualifications acceptable 
to the board for such employment. 

(6) The principal of a day school shall be the 
principal of the continuing education classes in his 
school unless the board appoints as principal 



Reg. 262 



EDUCATION 



149 



thereof another person who holds the appropriate 
principal's qualifications set out in section 10. 

(7) Two or more boards may jointly establish 
continuing education classes in a school or schools 
operated by one or more of the boards concerned 
and determine where such classes shall be conducted. 
O. Reg. 704/78. s. 9. 

QUALIFICATIONS FOR PRINCIPALS AND 
VICE-PRINCIPALS 

10. — (1) The principal and vice-principal of a school 
having an enrolment greater than 125 shall each be a 
teacher who, 

(a) holds or is deemed to hold, under Regulation 
269 of Revised Regulations of Ontario, 1980, 
principal's qualifications; or 

{b) holds a certificate that is referred to infection 
45 of Regulation 269 of Revised Regulations 
of Ontario, 1980 and that qualifies him as 
principal of such school, or is deemed under 
section 46 thereof to hold a certificate that so 
qualifies him, 

and, in the case of a school, 

(c) in which English is the language of instruc- 
tion; or 

id) that is established under Part XI of the Act 
and in which French is the language of 
instruction, 

shall each be a person who is eligible to teach in such 
school under subsection (5), (6) or (7), as the case may 
be, of section 20. O. Reg. 469/79, s. 1. 

(2) Notwithstanding subsection (1), where a teacher 
who does not hold the degree of Bachelor of Arts or 
Bachelor of Science from an Ontario university or a 
degree that the Minister considers equivalent thereto 
was, prior to the 1st day of September, 1961, employed 
by a board as principal or vice-principal of an 
elementary school that had an enrolment of 300 or 
more pupils, he shall be deemed to be qualified as 
principal or vice-principal, as the case may be, of any 
elementary school operated by that board or its succes- 
sor board. 

(3) Notwithstanding subsection (1), where a teacher 
who does not hold the qualifications referred to in sub- 
section (1), 

(a) was employed by a board prior to the 
1st day of September. 1972 as principal 
of an elementary school that had an 
enrolment of 300 or more pupils and is 
employed by such board as principal of an 
elementary school on the date this Regula- 
tion comes into force ; 

(b) was employed by a board on the 1st day of 
September, 1978 as vice-principal of an 



elementary school that had an enrolment on 
the last school day in April, 1978 of 300 or 
more pupils; or 

(c) was employed by a board on the 1st day of 
September, 1978 as principal or vice-princi- 
pal of an elementary school that had an 
enrolment on the last school day in April, 
1978 that was greater than 125 and less than 
300, 

such teacher shall be deemed to be qualified as 
principal or vice-principal, as the case may be, of 
any elementary school operated by that board or 
its successor board. 

(4) A board may appoint a person who holds 
the qualifications required by subsection (1) as a 
supervising principal to supervise the adminis- 
tration of two or more elementary schools operated 
by the board and such person shall be subject to 
the authority of the appropriate supervisory officer. 

(5) A supervising principal may be principal 
of one of the schools of which he is supervising 
principal provided he is not principal of any other 
school. 

(6) Notwithstanding subsection (1), a teacher who, 
before the 1st day of September, 1970 held the neces- 
sary qualifications as principal of a secondary school 
continues to be qualified as principal or vice-principal 
of a secondary school. O. Reg. 704/78, s. 10 (2-6). 

1 1. — (1) The principal and vice-principal of a school 
for trainable retarded children having an enrolment 
greater than 100 or of a school in which there are classes 
for trainable retarded children and the enrolment in 
such classes is greater than 100 shall each be a teacher 
who, 

(a) holds or is deemed to hold, under Regulation 
269 of Revised Regulations of Ontario, 1980, 
principal's qualifications, or holds a certifi- 
cate referred to in section 45 of such Regula- 
tion or is deemed to hold such certificate 
under section 46 thereof; and 

(b) holds an additional qualification in special 
education as recorded on his Ontario Teach- 
er's Qualifications Record Card. O. Reg. 

469/79, s. 2. 

(2) The principal of an elementary or secondary 
school that includes one or more classes for 
trainable retarded children shall be the principal 
of such classes, and the vice-principal of such a 
school shall be the vice-principal of such classes 
except where a vice-principal is appointed to be in 
charge of such classes exclusively. 

(3) Notwithstanding subsection (1), where a teacher 
who does not hold the qualifications referred to in sub- 
section (1) was, on the 1st day of September, 1978 
employed by a board as prinicpal or vice-principal of a 



ISO 



EDUCATION 



Reg. 262 



school for trainable retarded children having an 
enrolment greater than 100 or of a school in which 
there are classes for trainable retarded children and the 
enrolment in such classes is greater than 100, he shall 
be deemed to be qualified as principal or vice-princi- 
pal, as the case may be, of a school for trainable 
retarded children or of a school in which there are 
classes for trainable retarded cjiildren the enrolment in 
which is greater than 100 that is operated by that 
board or its successor board. O. Reg. 704/78, s. 11 
(2, 3). 



DUTIES OF PRINCIPALS 

12. — (1) The principal of a school is in charge 
of the management and discipline of the school 
and, subject to the approval of the appropriate 
supervisory officer, is in charge of the organization 
of the school. 

(2) In addition to his duties under the Act, the 
principal of a school shall, 

(a) supervise the instruction in the school 
and advise and assist any teacher, in co- 
operation with the teacher in charge of the 
organizational unit or program in which 
the teacher teaches ; 

(b) make allowance in the timetable for duties 
required of teachers in charge of organ- 
izational units or programs and for special 
duties required of any teacher; 

(c) assign duties to vice-principals and to 
teachers in charge of organizational units 
or programs ; 

(d) hold meetings of the teachers to discuss 
matters relating to the management and 
organization of the school ; 

{e) make recommendations to his board re- 
specting any additions or alterations that 
he considers necessary to the school build- 
ing; 

(/) inspect the school premises regularly and 
report promptly to his board, 

(i) any repairs to the school that are 
required, and 

(ii) any lack of attention on the part of 
the building maintenance staff of the 
school ; 

(g) instruct pupils in the care of the school 
premises ; 

(h) make provision for adequate supervision 
during the period determined by his board 
under subsection 3 (8), and for the supervis- 



ing and conducting of any other school activ- 
ity authorized by his board; 

(i) exercise control over the amount of home- 
work assigned to pupils ; 

(j) assign suitable quarters for pupils to eat 
lunch; 

(k) report to his board in writing, on its 
request, on the effectiveness of members 
of the teaching staff ; 

(/) recommend to his board, 

(i) the appointment and promotion of 
teachers, and 

(ii) the demotion or dismissal of a 
teacher whose work or attitude is 
unsatisfactory, but only after warn- 
ing the teacher in writing, giving him 
assistance and allowing him a 
reasonable time to improve ; 

(w) submit to his board an annual budget for 
supplies and equipment ; 

(n) report promptly any serious neglect of duty 
or infraction of the school rules by a 
pupil to the parent where the pupil is a 
minor and otherwise to the pupil ; 

(o) issue a statement of progress to a pupil 
withdrawing from the school or to the 
parent of such pupil where the pupil is a 
minor ; 

(p) provide for the guiding and counselling 
of pupils with respect to their duties, 
the courses of study and, where applicable, 
the vocations or future educational pro- 
grams to which the courses of study lead 
and the requirements for admission thereto ; 

(q) promote and maintain close co-operation 
with the residents and, where applicable, 
the industry and business, of the com- 
munity; 

(r) provide for the placement of pupils eligible 
for admission ; and 

(s) where it is proposed to administer to a 
pupil an individual psychological examina- 
tion or test, obtain written permission 
therefor from the parent of the pupil 
where the pupil is a minor, and otherwise 
from the pupil. 

(3) Where two or more schools operated by a 
board jointly occupy or use in common a school 
building or school grounds, the board shall designate 
which principal has authority over those parts of the 



Reg. 262 



EDUCATION 



151 



building or grounds that the schools occupy or 
use in common. 

(4) Where, after reasonable notice by the principal, 
a pupil who is an adult, or the parent of a pupil 
who is a minor, fails to provide the supplies 
required by the pupil for a course of study, the 
principal shall promptly notify his board. 

(5) A principal shall transmit his reports and 
recommendations to his board through the appro- 
priate supervisory officer. O. Reg. 704/78, s. 12. 

VICE-PRINCIPALS 

13. — (1) A board may appoint one or more vice- 
principals for a school. 

(2) A vice-principal shall perform such duties as 
are assigned to him by the principal. 

(3) In the absence of the principal of a school, 
a vice-principal, where a vice-principal has been 
appointed for the school, shall be in charge of the 
school and shall perform the duties of the principal. 
O. Reg. 704/78, s. 13. 

PRINCIPALS, VICE-PRINCIPALS AND TEACHERS 

IN CHARGE OF SCHOOLS AND CLASSES 

ESTABLISHED UNDER PART XI OF THE ACT 

14. — (1) Where, under section 258 of the Act, 
more than two classes where French is the language 
of instruction are established in an elementary 
school, and the enrolment for such classes does 
not exceed 125, the board that ojjerates the 
school shall appoint one of the teachers of such 
classes or a teacher who holds the qualifications 
required to teach such classes to be responsible 
to the principal for the program of education in 
such classes. 

(2) Where the enrolment in classes established 
in a secondary school under section 261 of the 
Act is more than 75 but not more than 200 pupils, 
the board that operates the school shall appoint 
one of the teachers of such classes or a teacher 
who holds the qualifications required to teach such 
classes to be responsible to the principal for the 
program of education in such classes. 

(3) Where, in a secondary school, the enrolment 
in the classes referred to in subsection (2) is more 
than 200 pupils, the board shall appoint for such 
school a vice-principal who is qualified to teach 
in such classes and who shall be responsible to the 
principal for the program of education in such 
classes. 

(4) Notwithstanding subsections (1), (2) and (3), 
where a teacher who does not hold the qualifications 
referred to in such subsections was, on the 8th day of 
September, 1978, employed by a board as a teacher or 
vice-principal, as the case may be, to carry out the 



responsibility referred to in such subsections, he shall 
be deemed to be qualified for such position in any 
elementary or secondary school, as the case may be, 
operated by that board or its successor board. 

(5) Subsections (1) to (4) apply with the necessary 
modifications to schools or classes for English-speak- 
ing pupils established under sections 258 and 272 of 
the Act. O. Reg. 704/78, s. 14. 

TEACHERS IN CHARGE OF ORGANIZATIONAL 

UNITS 

15. — (1) The organization of a secondary school 
shall be by departments or other similar organ- 
izational units. 

(2) A board shall appoint for each organizational 
unit of a secondary school a teacher to direct and 
supervise, subject to the authority of the principal, 
such organizational unit. 

(3) Notwithstanding the manner in which a 
secondary school is organized, where a program of 
business studies is offered in a secondary school, 
the board that operates the school shall appoint a 
teacher to be in charge of such program, subject 
to the authority of the principal. 

(4) Notwithstanding the manner in which a 
secondary school is organized, where a program 
of technological studies is offered in a secondary 
school, the board that operates the school shall 
appoint a teacher to be in charge of such program, 
subject to the authority of the principal. 

(5) A teacher appointed under subsection (2), (3) or 
(4) shall not be appointed to be in charge of more than 
one organizational unit. 

(6) A teacher appointed under subsection (2), (3) or 
(4) shall hold specialist or honour specialist qualifica- 
tions in one or more of the subjects taught in the 
organizational unit for which the teacher is appointed. 
O. Reg. 704/78, s. IS. 

16. — ( 1 ) The organization of an elementary school 
may be by divisions or similar organizational units. 

(2) A board may appoint for each organizational 
unit of an elementary school a teacher to direct and 
supervise such organizational unit subject to the 
authority of the principal of the school. 

(3) A teacher appointed under subsection (2) shall 
hold additional qualifications in respect of the organi- 
zational unit for which he is appointed and such other 
professional qualifications as may be required by his 
board. O. Reg. 704/78, s. 16. 

DUTIES OF TEACHERS IN CHARGE OF 
ORGANIZATIONAL UNITS 

17. — (1) In addition to his duties as a teacher 
under the Act and this Regulation, a teacher 
appointed under section 15 or 16 shall, 



152 



EDUCATION 



Reg. 262 



(a) assist the principal, in co-operation with 
the teachers in charge of other organiza- 
tional units or programs, in the general 
organization and management of the 
school ; 

(6) assist the principal, 

(i) in planning additions or alterations 
to school buildings, and 

(ii) in recommending appointments to 
the teaching staff of his organiza- 
tional unit or program ; 

(c) be responsible to the principal for the 
organization and direction of his organ- 
izational unit or program ; 

(d) co-ordinate and supervise the planning 
for his organizational unit or program ; 

(e) retain on file up-to-date copies of outlines 
of courses of study for his organizational 
unit or program, with sufficient detail to 
permit the effective co-ordination of the 
courses of study ; 

(/) assist teachers in his organizational unit 
or program in improving their methods of 
instruction ; 

(g) assist teachers in his organizational unit 
or program in maintaining proper standards 
for instruction and keeping adequate re- 
cords of the work and achievement of 
pupils ; 

(h) call meetings of the teachers in his organi- 
zational unit or program to discuss matters 
relating to the organizational unit or 
program and to exchange ideas on problems 
encountered in teaching ; 

(t) prepare an annual budget for supplies 
and equipment for his organizational unit 
or program and submit such budget to the 
principal ; 

ij) requisition, through the principal, equip- 
ment and supplies for his organizational 
unit or program ; 

(k) maintain a current inventory of the equip- 
ment in his organizational unit or program ; 

(/) be responsible for the maintenance and 
care of equipment and supplies in his 
organizational unit or program ; 

(m) ensure that there is adequate supervision 
of pupils who are engaged in work that is 
performed off school property and that is 
part of his organizational unit or program. 



(2) In addition to his duties under subsection (1), a 
teacher in charge of the program of business studies in 
a secondary school shall, 

(a) recommend to the principal time-table 
allotments with respect to the courses of 
such program ; and 

(b) establish with the approval of the principal 
liaison with business and commercial estab- 
lishments in the area served by the 
school. 

(3) In addition to his duties under subsection (1), a 
teacher in charge of the program of technological 
studies in a secondary school shall, 

(a) recommend to the principal time-table 
allotments with respect to the courses of 
such program ; 

(b) establish with the approval of the principal 
liaison with industry in the area served by 
the-school ; and 

(c) ensure that all reasonable safety procedures 
are carried out by persons participating in 
the courses in such program. O. Reg. 
704/78, s. 17. 

subject and program supervision and 
co-ordinAtion 

18. — (1) A board may, in respect of one or more 
subjects or programs in the schools under its 
jurisdiction, appoint a teacher to supervise or co- 
ordinate such subjects or programs or to act as a 
consultant for the teachers of such subjects or 
programs, and the persons so appointed shall hold 
specialist or honour specialist qualifications, if such 
are available, in one or more of the subjects or 
programs in respect of which he is appointed. 

(2) Notwithstanding subsection (1), a teacher who, 
on the 8th day of September, 1978 was employed by a 
board to supervise or co-ordinate a subject or program 
in its schools or to act as a consultant shall be deemed 
to be qualified for such position in the schools operated 
by that board or its successor board. O. Reg. 704/78, 
s. 18. 

19._(1) Subject to the authority of the ap- 
propriate supervisory officer, a teacher appointed 
under section 18 shall assist teachers in the subject 
or program for which he is appointed in maintaining 
proper standards and improving methods of instruc- 
tion. 

(2) Where a teacher appointed under section 18 is 
performing his duties in a school, he is subject to the 
authority of the principal of that school. O. Reg. 
704/78, s. 19. 

qualifications of teachers 

20. — (1) A teacher in a school shall, subject to sub- 
section (2), be a person who holds or is deemed under 



Reg. 262 



EDUCATION 



153 



Regulation 269 of Revised Regulations of Ontario, 
1980, to hold an Ontario Teacher's Certificate and 
shall, subject to subsections (3), (5) and (6), be assigned 
or appointed to teach according to a qualification 
recorded on his Ontario Teacher's Qualifications 
Record Card or on the record in respect of such teacher 
held by the Ministry. 

(2) A teacher who does not hold and is not deemed 
under Regulation 269 of Revised Regulations of 
Ontario, 1980, to hold an Ontario Teacher's Certifi- 
cate but who, 

(a) is qualified to hold an Ontario Teacher's 
Certificate except that he is not a Canadian 
citizen; 

(b) holds a Temporary Letter of Standing 
or a Provisional Letter of Standing or a 
Permanent Letter of Standing valid for 
the teaching of the deaf; or 

(c) holds a certificate or letter of standing re- 
ferred to in subsection 25 (1) of Regulation 
269 of Revised Regulations of Ontario, 
1980, 

may teach in an elementary or a secondary school 
in a class, division, school or subject for which his 
certificate or letter of standing is valid or in which he 
has received professional education as indicated on 
his Temporary Letter of Standing or Provisional 
Letter of Standing. O. Reg. 704/78, s. 20 (1, 2). 

(3) Subject to subsections (4), (9), (10) and (12), a 
teacher whose Ontario Teacher's Qualifications 
Record Card, or the record in respect of such teacher 
held by the Ministry, indicates qualifications in the 
primary division, the junior division, the intermediate 
division in general studies or the senior division in 
general studies may, by mutual agreement of the 
teacher and the principal of a school, with the approv- 
al of the board and with due regard for the safety and 
welfare of the pupils and the provision of the best 
possible program, be assigned or appointed to teach in 
a division or a subject in general studies for which no 
qualification is recorded on his Ontario Teacher's 
Qualification Record Card or on the record in respect 
of such teacher held by the Ministry. 

(4) Subject to subsections (5), (6), (7) and (8), a 
teacher who does not hold an acceptable university 
degree as defined in clause 1 (a) of Regulation 269 of 
Revised Regulations of Ontario, 1980, shall not be 
assigned or appointed to teach general studies in a 
secondary school except that such teacher, if he is 
qualified to teach in the primary division, the junior 
division and the intermediate division of an elemen- 
tary school, may be assigned or appointed to teach 
general studies to pupils enrolled in a modified level or 
special vocational program or in a basic level or an 
occupational program in a secondary school. 

(5) A teacher who holds a commercial-vocational 
qualification may be assigned or appointed to teach the 
courses in business studies shown on his Ontario 



Teacher's Qualifications Record Card or on the record 
in respect of such teacher held by the Ministry. 

(6) A teacher who holds qualifications in 
technological studies in sewing and dressmaking, or 
textiles and clothing, or home economics may be 
assigned or appointed to teach in a secondary school 
the clothing portion of the home economics or family 
studies course. 

(7) A teacher who holds qualifications in 
technological studies in food and nutrition or home 
economics may be assigned or appointed to teach in a 
secondarv' school the food and nutrition portion of the 
home economics or family studies course. 

(8) A teacher who holds qualifications in 
technological studies in vocational art, instrumental 
music or vocal music may be assigned or appointed to 
teach art, instrumental music or vocal music, as the 
case may be, in general studies in a secondary 
school. O. Reg. 316/80, s. 1. 

(9) No teacher shall be assigned or appointed to 
teach in classes where English is the language of 
instruction unless he received his basic teacher 
education in the English language or is otherwise 
qualified under the regulations for such assignment 
or appointment. 

(10) No teacher shall be assigned or appointed to 
teach in schools or classes established under Part 
XI of the Act where French is the language of 
instruction unless he received his basic teacher 
education in the French language or is otherwise 
qualified under the regulations for such assignment 
or appointment. 

(11) Notwithstanding subsections (9) and (10), a 
teacher who obtained his basic teacher education prior 
to the 1st day of September, 1980, and who holds 
qualifications to teach in the intermediate division and 
the senior division may be assigned or appointed to 
teach in either or both of such divisions in classes 
where English or French is the language of instruc- 
tion. O. Reg. 704/78, s. 20 (5-7). 

(12) No teacher shall, 

(a) be assigned or appointed to teach, in 
any of grades 9, 10, 11, 12 and 13 in any 
one school year for more than the time 
required for two courses that are recognized 
for credit, 

(i) classes in any one of art, guidance, 
home economics or family studies, 
instrumental music, vocal music or 
physical education, or 

(ii) classes in or courses that are included 
in business studies; 

{b) be placed in charge of a school library, 
a guidance program or a special education 
program ; or 

(c) be assigned or appointed to teach. 



154 



EDUCATION 



Reg. 26-2 



(i) French as a second language, 

(ii) English as a second language, 

(iii) industrial arts or any other course that 
is included in technological studies, or 

(iv) in a special education program, 



unless, 



(d) his Ontario Teacher's Qualifications Record 
Card or the record in respect of such 
teacher held by the Ministry indicates 
that he holds qualifications in the area of 
responsibility to which he is to be assigned 
or appointed or of which he is to be placed 
in charge; or 

(e) he is qualified for such assignment, appoint- 
ment or placement under subsection (2) or 
(13) or deemed to be qualified therefor under 
subsection (14) or (15). O. Reg. 704/78, 
s. 20 (8); O. Reg. 469/79, s. 3 (1-3). 

(13) A teacher in a school or class for trainable 
retarded children shall, 

(a) have an entry on his Ontario Teacher's 
Qualifications Record Card or on the 
record in respect of such teacher held 
by the Ministry, indicating that he holds 
qualifications in the area of teaching the 
trainable retarded ; or 

{b) hold one of the following: 

1. Elementary Certificate in Teaching 
Trainable Retarded Children. 

2. Intermediate Certificate in Teaching 
Trainable Retarded Children. 

3. Certificate as Teacher of the Train- 
able Retarded. 

4. Provisional or Permanent Letter 
of Standing valid for the teaching 
of the trainable retarded. O. Reg. 

704/78, s. 20 (9). 

(14) A teacher who, on the 8th day of September, 
1978, was employed by a board to teach, 

(a) French as a second language or English as a 
second language in an elementan,- school or a 
secondary school; or 

(b) industrial arts in an elementary school, 

and is not qualified for such position under subsection 
(12), shall be deemed to be qualified for such position 
in the elementary schools or the secondary schools, as 
the case may be, that are operated by that board or its 
successor board. O. Reg. 469/79, s. 3 (4), part. 



(15) The provision of subsection (12) that no teacher 
shall be assigned or appointed to teach in a special 
education program unless he holds qualifications in 
special education shall not apply to teaching classes in 
general studies or technological studies in a special 
vocational or an occupational program until the 1st 
day of September, 1985. O. Reg. 556/80, s. 1. 

DUTIES OF TEACHERS 

21. A teacher shall, in addition to his duties 
under the Act, 

(a) be responsible for effective instruction, 
training and evaluation of progress of 
pupils in the subjects assigned to him and 
for the management of his class or classes; 

{b) prepare for use in his class or classes such 
teaching plans and outlines as are required 
by his principal and the appropriate 
supervisory officer and submit the plans 
and outlines to his principal or the appropri- 
ate supervisory officer, as the case may be, 
on request ; 

(c) carry out the supervisory duties assigned 
to him by his principal ; 

{d) where his board has appointed teachers 
under section 15, 16 or 18, co-operate 
with such teachers and with his principal 
in securing a suitable selection, arrangement 
and correlation of the subject matter and 
learning materials; and 

(e) ensure that the classroom or teaching 
area is ready for the reception of pupils 
at least fifteen minutes before the com- 
mencement of classes in the school in the 
morning and, where applicable, five minutes 
before the commencement of classes in the 
school in the afternoon. O. Reg. 704/78, 
s. 21. 

APPOINTMENT OF UNQUALIFIED PERSONS AS 
TEACHERS 

22. — (1) Subject to subsection (2), a board may, in 
case of emergency, appoint an unqualified person to 
teach for not more than ten school days in a school 
year. 

(2) In no case shall a board employ as a teacher 
a person whose teaching certificate is cancelled or 
under suspension. O. Reg. 704/78, s. 22. 

PROFESSIONAL SUPPORT STAFF 

23. Psychiatrists, psychologists and other pro- 
fessional support staff employed by a board shall 
perform under the administrative supervision of the 
appropriate supervisory officer such duties as are 
determined by the board and, where such persons 
are performing their duties in a school, they shall be 



Reg. 262 



EDUCATION 



155 



subject to the administrative authority of the 
principal of that school. O. Reg. 704/78, s. 23. 

REQUIREMENTS FOR PUPILS 

24.— (1) A pupil shall, 

(a) attend classes punctually and regularly; 

(b) exercise self -discipline ; 

(c) accept such discipline as would be exercised 
by a kind, firm and judicious parent ; 

(d) be clean in his person and habits, diligent 
in his studies, courteous to his fellow pupils 
and obedient and courteous to teachers; 
and 

(e) take such tests and examinations as are 
required by or under the Act. 

(2) When a pupil returns to school after an 
absence, his parent or, where the pupil is an adult, 
the pupil, shall, orally or in writing as the principal 
requires, give the reason for the absence. 

(3) A pupil may be temporarily absent from 
school at any time at the oral or written request of 
his parent or, where the pupil is an adult, at the 
request of the pupil, and in either case with con- 
sent of the principal. 

(4) Where the principal believes that an unjustifi- 
able use is being made of. the privilege referred to in 
subsection (3), he shall promptly notify the board and 
inform the parent or, where the pupil is an adult, 
inform the pupil, of such notification. 

(5) Every pupil is responsible to the principal of 
the school that he attends for his conduct, 

(a) on the school premises ; 

(b) on out-of-school activities that are part of 
the school program ; and 

(c) while travelling on a school bus that is 
owned by, or on a school bus or bus that is 
under contract to a board. O. Reg. 
704/78, s. 24. 

DAMAGE TO SCHOOL PROPERTY 

25. Where a pupil damages, destroys, loses or 
misappropriates school property and the pupil or 
his parent does not compensate the board therefor 
within a reasonable time, the principal of the school 
shall report the matter to his board. O. Reg. 
704/78, s. 25. 

ADVERTISEMENTS AND ANNOUNCEMENTS 

26. No advertisement or announcement shall be 
placed in a school or on school property or distributed 



or announced to the pupils on school property without 
the consent of the board that operates the school except 
announcements of school activities. O. Reg. 704/78, 
s. 26. 

SUPERVISION 

27. The appropriate supervisory officer, irt addition 
to his duties under the Act may, during his visit to a 
school, assume any of the authority and responsibility 
of the principal of the school. O. Reg. 704/78, s. 27. 

RELIGIOUS EXERCISES AND RELIGIOUS 
EDUCATION IN THE PUBLIC SCHOOLS 

28. — (1) A public school shall be opened or closed 
each school day with religious exercises consisting of 
the reading of the Scriptures or other suitable readings 
and the repeating of the Lord's Prayer or other suitable 
prayers. 

(2) The readings and prayers that form part of the 
religious exercises referred to in subsection (1) shall be 
chosen from a list of selections approved for such pur- 
pose by the board that operates the school where the 
board approves such a list and, where the board does 
not approve such a list, the principal of the school shall 
select the readings and prayers after notifying the 
board of his intention to do so, but his selection is 
subject to revision by the board at any time. 

(3) The religious exercises under subsection (1) may 
include the singing of one or more hymns. 

(4) Two periods per week of one-half hour each, in 
addition to the time assigned to religious exercises at 
the opening or closing of a public school, shall be 
devoted to religious education. 

(5) Religious education shall be given immediately 
after the opening of a public school or immediately 
before the closing of school in either the morning or the 
afternoon session. 

(6) Instruction in religious education shall be given 
by the teacher and issues of controversial or sectarian 
nature shall be avoided. 

(7) By resolution of a board, a clergyman or clergy- 
men of any denomination, or a lay person or lay per- 
sons selected by the clergyman or clergymen, may give 
religious instruction in a school of the board in lieu of a 
teacher or teachers. 

(8) Where two or more clergymen of different 
denominations, or lay persons selected by the clergy- 
men, upon written application to the board, secure 
permission under subsection (7) to give religious 
instruction in the same school, the principal of the 
school, by resolution of the board, shall arrange for 
such accommodation within the school and such times 
within the periods referred to in subsection (S) as are 
agreeable to both the principal and the clergymen or 
the lay persons selected by the clergymen. 



156 



EDUCATION 



Reg. 262 



(9) Where the number of rooms in a public school is 
insufficient to meet the needs of the groups organized 
for religious instruction under subsection (7) or (8), the 
principal of the school, by resolution of the board, 
may arrange for additional accommodation elsewhere. 

(10) No pupil shall be required to take part in 
any religious exercises or be subject to any in- 
struction in religious education where his parent or, 
where the pupil is an adult, the pupil applies to the 
principal of the school that the pupil attends for 
exemption of the pupil therefrom. 

(11) In public schools without suitable waiting 
rooms or other similar accommodation, if the parent 
of a pupil or, where the pupil is an adult, the pupil 
applies to the principal of the school for the exemption 
of the pupil from attendance while religious exercises 
are being held or religious education given, such 
request shall be granted. 

(12) Where a parent of a pupil, or a pupil who is 
an adult, objects to the pupil's taking part in 
religious exercises or being subject to instruction 
in religious education, but requests that the pupil 
remain in the classroom during the time devoted to 
religious exercises or instruction in religious edu- 
cation, the principal of the school that pupil attends 
shall permit the pupil to do so, if he maintains 
decorous behaviour. 

(13) If, because of his right to be absent from 
religious exercises or instruction in religious edu- 
cation, any pupil is not present in the classroom 
during the periods specified for religious exercises 
or instruction in religious education, his absence 
shall not be considered a contravention of the rules 
of his school. 

(14) A teacher claiming exemption from the 
teaching of religious education as prescribed by 
this section shall notify his board to that effect in 
writing, and the board shall make such other 
provision as is necessary to implement this section 
with respect to the teaching of religious education. 

(15) The Minister may grant to a board exemption 
from the teaching of religious education in any 
classroom or school if the board requests in writing 
the exemption and submits reasons for its request. 

(16) The appropriate supervisory officer shall each 
year bring the provisions of this section to the 
attention of the board or boards in respect of which 
he has jurisdiction. O. Reg. 704/78, s. 28. 



RELIGIOUS EXERCISES AND RELIGIOUS EDUCATION 
IN THE SECONDARY SCHOOLS 

29. — (1) A secondary school shall be opened or 
closed each school day with religious exercises 
consisting of the reading of the Scriptures or other 
suitable readings and the repeating of the Lord's 
Prayer or other suitable prayers. 



(2) The readings and prayers that form part of the 
religious exercises referred to in subsection (1) shall be 
chosen from a list of selections approved for such 
purpose by the board that operates the school where 
the board approves such a list and, where the board 
does not approve such a list, the principal of the 
school shall select the readings and prayers after 
notifying the board of his intention to do so, but 
his selection is subject to revision by the board at 
any time. 

(3) As part of the religious exercises, a board may 
direct, 

(a) its teachers and pupils to read Scripture 
passages at the close of the school day; 
and 

(b) its principals to suggest Bible passages to 
be memorized by the pupils. 

(4) A clergyman or any person selected by him 
may be authorized by resolution of a board to give 
instruction in religious education in a school to 
pupils of his own denomination at a time during 
the school day allotted by the principal of the 
school but the time so allotted by the principal 
shall not exceed one hour a week for any one class. 

(5) The clergymen of a number of denominations 
may be authorized by resolution of a board to 
select a lay person to give instruction in religious 
education in a school to the pupils of those 
denominations at such times during the school day 
as are allotted by the principal of the school but 
the times so allotted by the principal shall not 
exceed one hour a week for any one class. 

(6) Where, 

(a) more than one clergyman obtains the permis- 
sion of a board under subsection (5) to give 
religious instruction; and 

(b) the school accommodation is insufficient 
for the instruction to be given at the same 
time, 

the board shall, by resolution, determine the day of 
the week that accommodation will be available for 
each denomination. 

(7) Religious instruction in a secondary school 
shall be given in the school building. 

(8) Where a parent of a pupil or, where the 
pupil is an adult, the pupil objects to the pupil's 
taking part in religious exercises or being subject to 
instruction in religious education, the pupil may 
leave the classroom during the exercises or instruc- 
tion or remain in the classroom, whichever the 
parent, or the pupil, as the case may be, directs. 

(9) Before a teacher, clergyman or lay person 
selected by the clergyman commences a religious 
exercise, a pupil on whose behalf an objection has 
been made shall be allowed to leave the classroom. 



Reg. 262 



EDUCATION 



157 



(10) A teacher claiming exemption from the 
teaching of religious education as prescribed by this 
section shall notify his board to that effect in 
writing, and the board shall make such other 
provision as is necessary to implement this section 
with respect to the teaching of religious education. 

(11) No religious emblem of a denominational 
nature shall be exhibited in a secondary school 
during school hours, except during the time allotted 
by the principal to religious instruction. O. Reg. 
704/78, s. 29. 

SPECIAL EDUCATION PROGRAMS AND SERVICES 

30. — (1) In this section and in sections 31 and 32, 
"committee" means a Special Education Program 
Placement and Review Committee. 

(2) Where a board establishes special education 
programs and special education services under the 
Act, it shall, 

(a) establish procedures and criteria governing 
the placement of an exceptional pupil and 
the review of such placement ; 

(b) establish one or more Special Education 
Program Placement and Review Com- 
mittees and determine the jurisdiction of 
each committee so established; 

(c) ensure that in the establishment of pro- 
cedures under clause a provision is made 
for, 

(i) a health assessment, 

(ii) a psychological assessment where 
considered necessary by the commit- 
tee, subject to clause 12 (2) (s), 

(iii) consideration by a committee estab- 
lished under clause (b), and 

(iv) consultation with the pupil, insofar 
as is possible, and his parent ; 

(d) obtain written permission of the parent 
and where the pupil is an adult, written 
permission of the pupil, prior to place- 
ment of a pupil in a special education 
program ; 

(e) provide that there be a continual evaluation 
of the program of each exceptional pupil; 

{/) provide for a review by the committee 
of the placement of each exceptional 
pupil at least once in every year to 
ensure that the program is appropriate 
for the needs and capabilities of the 
pupil ; 

(g) determine the location for each special 
education program, and the special edu- 
cation services to be provided ; 



(A) provide such special furniture, equipment 
and materials as are necessary for an 
exceptional pupil to benefit from the 
special education program ; and 

(i) print and make available copies of the proce- 
dures and criteria established under clause 
(a) and the maximum enrolments established 
in section 35. O. Reg. 704/78, s. 30. 

31. — (1) A committee shall consist of such num- 
ber of members, not fewer than three, as the board 
that estabhshes the committee may determine, all 
of whom shall be appointed by the board and one 
of whom shall be a supervisory officer or a person 
designated by him. 

(2) Where a program placement or review is in 
reference to a trainable retarded child or a secondary 
school exceptional pupil, the committee shall include, 
in addition to the members appointed under 
subsection (1), a supervisory officer employed by 
one of the separate school boards whose jurisdiction 
includes part of the school division or, where no 
such separate school board employs a supervisory 
officer, a provincial supervisory officer, and a super- 
visory officer who is included in the committee 
under this subsection shall be deemed to be a 
member of the committee in respect of such pro- 
gram placement or review. O. Reg. 704/78, s. 31. 

32.^ — (1) In this section, "withdrawal program" 
means a program of specialized instruction for 
exceptional pupils who otherwise attend regular 
classes that is provided, 

(a) for a period that includes not more than 
half the classroom time of the pupils ; 

(b) either in the regular classrooms of the 
pupils or by withdrawing the pupils from 
their regular classrooms for the program; 
and 

(c) by a teacher who holds qualifications in 
special education. 

(2) The placement of an exceptional pupil in an 
elementary or secondary school special education 
program, except a pupil in a withdrawal program, 
shall be considered by a committee, and the com- 
mittee, in accordance with the procedures and 
criteria established by the board, Shall determine 
the placement of the pupil and shall, at least once 
in every year, review such placement and, subject 
to subsection (5), make any change that the committee 
considers should be made in the program or placement 
of the pupil. 

(3) Where a pupil has been placed in a special 
education program, the parent of the pupil or, 
where the pupil is an adult, the pupil shall be 
advised that, 

(a) there shall be a review, at least once in 
every year, of the placement of the pupil; 
and 



158 



EDUCATION 



Reg. 262 



(b) the parent or the pupil, as the case may be, 
may at any time apply in writing to the 
chief executive officer of the board, or to 
the secretary of the board where the board 
has no chief executive officer, for a review 
of the placement of the pupil by a com- 
mittee, and shall state in his application 
the reasons for requesting the review. 

(4) Upon receipt of an application under clause (3) 
(b), the chief executive officer or the secretary of the 
board, as the case may be, shall forward the applica- 
tion to the appropriate committee, which shall review 
the placement of the pupil and, within thirty days after 
receipt of the application by the chief executive officer 
or the secretary, determine what change, if any, shall, 
subject to subsection (5), be made in the program or 
placement of the pupil and notify the applicant of the 
determination. 

(5) No major change shall be made in the program 
or placement of a pupil in a special education 
program without the written permission of the parent 
of the pupil and, where the pupil is an adult, without 
the written permission of the pupil. O. Reg. 704/78, 
s. 32. 

33. Notwithstanding any age requirement that may 
be included in the criteria established under clause 30 
(2) (a), a hearing-handicapped child who has attained 
the age of two years may be admitted to a special 
education program for the hearing-handicapped. 
O. Reg. 704/78, s. 33. 

34. A board may authorize a principal to arrange 
for home instruction to be provided for a pupil 
where, 

(a) medical evidence that the pupil cannot 
attend school is provided to the principal ; 
and 

(6) the principal is satisfied that home in- 
struction is required. O. Reg. 704/78, s. 34. 

35. — (1) The maximum enrolment in a special 
education class shall depend upon the extent of the 
exceptionalities of the pupils in the class and the 
special education services that are available to 
the teacher, but in no case shall the enrolment 
exceed. 



(a) in a class for pupils who are emotionally 
disturbed or socially maladjusted, for 
pupils who have learning disabilities, or 
for pupils who are younger than com- 
pulsory school age and have impaired 
hearing, eight pupils ; 

(6) in a class for pupils who are blind, for 
pupils who are deaf, for pupils who are 
trainable retarded children, or for pupils 
with speech and language disorders, ten 
pupils ; 

(c) in a class for pupils who are hard of hearing, 
for pupils with limited vision, or for pupils 
with orthopaedic or other physical handi- 
caps, twelve pupils ; 

(d) in a class for pupils who are educable 
retarded children, twelve pupils in the 
primary division and sixteen pupils in the 
junior and intermediate divisions; 

(e) after the 1st day of September, 1981 , in a class 
in general studies for pupils who are in a spe- 
cial vocational or an occupational program, 
twenty pupils; 

(/) after the 1st day of September, 1981, inaclass 
in technological studies for pupils who are in a 
special vocational or an occupational pro- 
gram, sixteen pupils; 

(g) in an elementary school class for pupils 
who are gifted, twenty-five pupils ; and 

(A) in a class for aphasic or autistic pupils, or 
for pupils with multiple handicaps for 
whom no one handicap is dominant, six 
pupils. O. Reg. 704/78, s. 35 (1); O. Reg. 
469/79, s. 4. 

(2) The maximum case load for a teacher of 
exceptional pupils who are hospitalized or for whom 
home instruction is provided shall be eight pupils. 

(3) The maximum case load for a speech correction 
teacher shall be 150 pupils. O. Reg. 704/78, s. 35 
(2, 3). 



Reg. 263 



EDUCATION 



159 



REGULATION 263 



under the Kducation Act 



FEES FOR MINISTRY COURSES 

1. In this Regulation, "course" means a course pro- 
vided by the Ministry leading to, 

(a) the Program Development and Implementa- 
tion qualification; 

(b) the Program Supervision and Assessment 
qualification; and 

(c) the Principal's Refresher Course qualifica- 
tion. O. Reg. 749/80, s. 1. 

2. Subject to section 3, the total fee to be paid for a 
course shall be $225 which shall be made up of a non- 
refundable registration fee of $25 and a tuition fee of 
$200. O. Reg. 749/80, s. 2. 

3. — (1) Where a person who has applied to take a 
course does not commence the course, no tuition fee is 
payable, and any tuition fee received for the course by 
or on behalf of such person shall be refunded to the 
person who paid it. 

(2) Where a person who has commenced a course 
withdraws from the course during the first week thereof 
and gives notice in writing to the Ministry of his with- 
drawal, the tuition fee payable by or on behalf of such 



person shall be $50 and any amount of tuition fee in 
excess of $50 that was paid for the course by or on behalf 
of such person shall be refunded to the person who paid 
it. 

(3) Notwithstanding subsection (2), where a person 
who has commenced a course withdraws from the 
course because of, 

(a) medical reasons evidenced by the certificate of 
a medical doctor; or 

(b) compassionate grounds acceptable to the 
Minister, 

the tuition fee payable by or on behalf of such person 
shall be nil if the withdrawal is during the first week of 
the course and shall be reduced by $50 for each full 
week of the course that is subsequent to the withdrawal 
if the withdrawal is during the second or any sub- 
sequent week, and the appropriate amount shall be 
refunded to the person who paid the fee for the course. 

(4) The fee to be paid under this Regulation by or on 
behalf of a teacher, principal or supervisory officer who 
was on active service in His or Her Majesty's forces in 
World War II or the Korean War and who produces 
proof of such services shall be nil. O. Reg. 749/80, 
s. 3. 



Reg. 264 EDUCATION 161 

REGULATION 264 

under the Education Act 

FEES FOR TRANSCRIPTS AND STATEMENTS OF STANDING AND FOR DUPLICATES OF 
DIPLOMAS, CERTIFICATES AND LETTERS OF STANDING 

1. The fee for a transcript of standing, or for a duplicate of a diploma or certificate, obtained in Ontario by a 
pupil, is $10. O. Reg. 725/79, s. 1. 

2. The fee for a duplicate of an Ontario Teacher's Certificate is $25. O. Reg. 725/79, s. 2. 

3. The fee for a duplicate of a letter of standing, or of a certificate of qualification as a teacher other than an 
Ontario Teacher's Certificate, is $10. O. Reg. 725/79, s. 3. 

4. The fee for the preparation by the Ministry, on the request of a teacher, of a statement of standing 
obtained, and a description of courses completed, at a teacher education institution in Ontario is $10. O. Reg. 
725/79, s. 4. 



Reg. 265 



EDUCATION 



163 



REGULATION 265 

under the Education Act 



THE JAMES BAY LOWLANDS SECONDARY 
SCHOOL BOARD 

1. In this Regulation, 

(a) "board" means The James Bay Lowlands 
Secondary School Board ; 

(b) "elector", in respect of an area for which 
one or more members of the board are to 
be elected, means a person who is the 
owner or tenant of property in, or a 
resident of, such area and who is a Canadian 
citizen or other British subject and of the 
full age of eighteen years ; 

(c) "equalized assessment" for a municipality 
or a locality means the assessment upon 
which taxes are levied in the municipality 
or locality, as the case may be, in the year 
for which the apportionment is made as 
adjusted by the latest assessment equaliza- 
tion factor applicable thereto that is pro- 
vided by the Minister. O. Reg. 379/76, 
s. 1. 

2. The James Bay Lowlands Secondarv' School Board 
is continued and has jurisdiction in The James Bay Low- 
lands Secondary School District described in the 
Schedule. O. Reg. 379/76, s. 2, revised. 

3. — (1) Subject to subsection (2), the board shall be 
composed of four members of whom, 

(a) two shall be elected by and from among 
the electors in respect of the mainland 
portion of the geographic townships of 
Caron, Horden and Moose; 

(A) one shall be elected by and from among 
the electors in respect of the islands in the 
Moose River that form part of the secondary 
school district except the portion of Factory 
Island that is an Indian Reserve; and 

(c) one shall be elected by and from among 
the electors of the Moose Band in respect 
of Indian Reserves 1 and 68. 

(2) Where the board has agreed to negotiate an agree- 
ment under subsection 165 (1) of the Act to provide tuition 
for Indian pupils, 

(a) from the Attawapiskat Band, the council 
of the Attawapiskat Band may appoint as 
a member of the board a member of the 
Band from Indian Reserve 91 or 91 A if the 



council of the Attawapiskat Band passes a 
resolution requesting a member on the board 
and forwards a copy thereof to the secretary 
of the board ; 

(i) from the Kashechewan community, the 
council of the Albany Band may appoint 
as a member of the board a member of the 
Band from the Kashechewan community of 
Indian Reserve 67 if the council of the 
Albany Band passes a resolution requesting 
a member on the board from the Kasheche- 
wan community and forwards a copy 
thereof to the secretary of the board ; or 

(c) from the Fort Albany community, the 
council of the Albany Band may appoint 
as a member of the board a member of 
the Band from the Fort Albany community 
of Indian Reserve 67 if the council of the 
Albany Band passes a resolution requesting 
a member on the board from the Fort 
Albany community and forwards a copy 
thereof to the secretary of the board, 

and a member appointed under this subsection is in 
addition to the number of members of the board 
provided for in subsection (1), and the term of office 
of such member terminates on the same date as the 
term of office of the elected members. O. Reg. 
379/76,5.4. 

4. — (1) In addition to the disqualifications set 
out in the Act, a person is not qualified to be 
elected or to act as a member of the board who is 
a member of, or the secretary-treasurer of. The 
Moosonee Development Area Board. 

(2) A member of the board who ceases to be an 
elector in respect of the area for which he was 
elected is thereupon disqualified to act as a member 
of the board. O. Reg. 379/76. s. 6. 

5. — (1) Meetings shall be held in the year 1982 and in 
every second year thereafter on such date in the month of 
December and at such places and times as the board may 
determine for the purpose of electing the members of the 
board referred to in subsection 3 (1). O. Reg. 379/76, 
s. 7 (1); O. Reg. 828/78, s. 1 (1), revised. 

(2) The term of office of a member of the board shall be 
two years commencing on the 1st day of December next 
following his election to the Board. O. Reg. 828/78, s. 1 
(2), revised. 

(3) Where a vacancy occurs from any cause in 
the office of an elected member of the board. 



164 



EDUCATION 



Reg. 265 



the remaining members shall, subject to section 202 
of the Act, forthwith hold a new election to fill 
the vacancy in the manner provided by this 
Regulation for holding an election of the board, 
except that the election shall be held only in 
respect of the area for which the vacancy occurs. 
O. Reg. 379/76,5.7(3). 

(4) At least six days before a meeting under this 
section, the secretary of the board shall post 
notice of the meeting in two or more of the most 
prominent places in the area from which one or more 
members are to be elected at the meeting and shall 
advertise the meeting in such other manner as the 
board considers expedient. 

(5) A meeting under this section shall be conducted 
in the manner determined by the electors in respect 
of the area for which the meeting is held who are 
present at the meeting, by a presiding officer 
selected by such electors, but the election of the 
member or members of the board shall be by 
ballot, and the minutes of the meeting shall be 
recorded by a secretary who shall , 

(a) in the case of the meeting to elect the mem- 
bers provided for in clause 3 (1) (a), be the 
secretary of The Moosonee Development 
Area Board; 

(b) in the case of the meeting to elect the member 
provided for in clause 3 (1) (b), be the sec- 
retary of The Moose Factory Island Board of 
Education; and 

(c) in the case of the meeting to elect the member 
provided for in clause 3 (1) (c), be the chief of 
the Moose Band or a person designated by 
him. 

(6) If objection is made to the right of a person to 
vote at a meeting under this section or section 8, the 
presiding officer shall require the person to make the 
following declaration: 

I declare and affirm that , 

1 . I am of the full age of eighteen years. 

2. I am a Canadian citizen or British subject. 

3. I have a right to vote at this election 
(or on the question submitted to this 
meeting). 

and after making such declaration, the person making 
it may vote. 

(7) Subsections 100 (9), (10), (11), (12), (16), (17), 
(18), (19) and (21) of the Act apply with necessary 
modifications to a meeting under this Regulation. O. 
Reg. 379/76, s. 5 (2-5). 



6. — (1) The sum required by the board for 
secondary school purposes in each year shall be 
apportioned between the Moosonee Development 
Area and the remainder of The James Bay Low- 
lands Secondary School District in the ratio of the 
equalized assessment of the property rateable for 
secondary school purposes in the Moosonee Develop- 
ment Area to the equalized assessment of such 
property in the remainder of such secondary school 
district. 

(2) For the purpose of subsection (1), the Moosonee 
Development Area is deemed to be a municipality 
and the portion of The James Bay Lowlands 
Secondary School District that is not in the 
Moosonee Development Area is deemed to be a 
locality. O. Reg. 379/76, s. 8. 

7. — (1) Subject to subsection (2), subsections 208 (1) 
and (2) of the Act apply with necessary modifications 
to the board. 

(2) The board may not apply to the Ontario 
Municipal Board in respect of the issue of deben- 
tures for a permanent improvement until such 
issue has been sanctioned at a special meeting 
of the electors of The James Bay Lowlands 
Secondary School District. O. Reg. 379/76, s. 9. 

8. — (1) A special meeting of the electors of the 
secondary school district shall be called by the 
secretary of the board when directed by the 
board or upon the request in writing of five 
such electors, by posting, at least six days before 
the meeting, notice of the meeting in three or 
more of the most prominent places in the secondary 
school district and such notice shall include the date, 
time, place and objects of the meeting, and the 
meeting shall be advertised in such other manner 
as the board considers expedient. 

(2) A special meeting under this section shall 
be conducted in the manner determined by the 
electors of the secondary school district who are 
present at the meeting, by a presiding officer 
selected by such electors and the minutes of the 
meeting shall be recorded by the secretary of the 
board. O. Reg. 379/76, s. 10. 

Schedule 

THE JAMES BAY LOWLANDS 
SECONDARY SCHOOL DISTRICT 

That part of the Territorial District of Cochrane 
comprised of the geographic townships of Caron, Hor- 
den and Moose and the unsurveyed territory consisting 
of the islands in the Moose River that are situate in 
their entirety north of a line formed by the projection 
easterly of the southerly boundary of the geographic 
Township of Horden to the westerly limit of Indian 
Reserve No. 68. O.C. 149/76. 



Reg. 266 EDUCATION 165 

REGULATION 266 

under the Education Act 

LEGISLATIVE GRANTS 

1. A sum on account of the legislative grant to a board for educational purposes for any year may be paid to 
the board prior to the filing of a regulation prescribing the conditions governing the payment of legislative grants 
for educational purposes for such year provided that the sum so paid is not in excess of thirty per cent of the grant 
payable to the board for the preceding year. O. Reg. 20/73, s. 1. 



Reg. 267 



EDUCATION 



167 



REGULATION 267 



under the Education Act 



THE NORTH OF SUPERIOR DISTRICT 

ROMAN CATHOLIC SEPARATE SCHOOL 

BOARD 

1. The combined separate school zone that is the 
area of jurisdiction of The North of Superior Com- 
bined Roman CathoHc Separate School Board is 
designated as a district combined separate school 
zone. O. Reg. 957/76. s. 1. 

2. — (1) The following municipalities in the Ter- 
ritorial District of Thunder Bay are designated as 
an area in which the separate school zones whose 
centres are within the area are united to form a 
district combined separate school zone : 

1. The townships of Dorion, Manitouwadge, 
Marathon, Nipigon, Schreiber and Terrace 
Bay and the improvement districts of Nakina 
and Red Rock. 

2. The geographic townships of Lyon, Pic and 
Stirling. O. Reg. 957/76, s. 2 (1); O. Reg. 
235/77, s. 1; O. Reg. 492/78, s. 1; O. Reg. 
15/80, s. 1; O. Reg. 651/80, s. 1. 

(2) The name designated for the area designated 
in subsection (1) is "North of Superior District". 
O. Reg. 957/76, s. 2 (2). 



3. The North of Superior District Roman Catholic 
Separate School Board is exempted from the provi- 
sions of subsections 1 13 (2) to (18) of the Act. O. Reg. 
957/76, s. 3. 

4. The North of Superior District Roman Catholic 
Separate School Board shall be composed of nine 
trustees who shall be elected as follows : 

1. Three by the separate school electors of 
the Township of Manitouwadge. 

2. One by the separate school electors of 
the Township of Nipigon. 

3. One by the separate school electors of 
the Township of Schreiber. 

4. Two by the separate school electors of 
the Township of Terrace Bay. 

5. One by the separate school electors of the 
Improvement District of Nakina. 

6. One by the separate school electors of 
the Improvement District of Red Rock. 
O. Reg. 957/76, s. 4; O. Reg. 492/78, s. 2. 



Reg. 268 



EDUCATION 



169 



REGULATION 268 



under the Education Act 



ONTARIO SCHOOLS FOR THE 
BLIND AND THE DEAF 

INTERPRETATION 

I. In this Regulation, 

(a) "applicant" means an applicant for admission 
to a School; 

(b) "bursar" means the business administrator of 
a School; 

(c) "Director" means the Executive Director of 
the Regional Services Division of the Minis- 
try; 

id) "Indian" means, 

(i) an Indian as defined in the Indian Act 
(Canada), or 

(ii) an Eskimo, 

who is not qualified to be a resident pupil of a 
board; 

(c) "parent" includes a guardian; 

(/) "residence counsellor" means a person 
employed as a residence counsellor in a 
School; 

(g) "School" means a school referred to in section 
2; 

(A) "Superintendent" means the Superintendent 
of a School. O. Reg. SSS/79, s. 1. 

DESIGNATIONS 

2.— (1) The Ontario School for the Blind, Brantford 
is designated as The W. Ross Macdonald School. 

(2) The Ontario School for the Deaf, Belleville is 
designated as The Sir James Whitney School. 

(3) The Ontario School for the Deaf, Milton is desig- 
nated as The Ernest C. Drury School. 

(4) The Ontario School for the Deaf, London is 
designated as The Robarts School. O. Reg. 555/79, 
s 2. 

ADMISSIONS 

3. — (1) Where an applicant who is not an Indian, or 
the parent of such applicant, submits to the Superin- 



tendent evidence satisfactory to the Superintendent 
that, 

(o) the applicant will be under the age of twenty- 
one years on the first day of the school year for 
which he seeks admission; 

(b) because of a visual or an auditory handicap, 
or both, as certified by a legally qualified 
medical practitioner, the applicant is in need 
of a special educational program in the 
School; 

(c) if the applicant is under eighteen years of age, 
the applicant's parent is a resident of Ontario; 
and 

id) if the applicEmt is eighteen years of age or 
over, the applicant is a resident of Ontario, 

the Superintendent shall, subject to subsection (2) and 
subsection 8 (1), admit the applicant to the School. 

(2) An applicant who is qualified to be a resident 
pupil of a board that operates a day class for the hearing 
impaired that would be appropriate to the applicant 
shall not be admitted to an Ontario School for the Deaf 
except where in the opinion of the Minister the admis- 
sion is in the best interests of the applicant. 

(3) Where an applicant who is not an Indian and who 
will be twenty-one years of age or over on the first day of 
the school year for which he seeks admission submits to 
the Superintendent evidence satisfactory to the 
Superintendent under clauses (1) (6) and id), and the 
Minister approves the admission of the applicant, the 
Superintendent shall admit the applicant to the 
School. O. Reg. 555/79, s. 3. 

4. Where the minister of education for a province of 
Canada other than Ontario, 

(a) requests admission for an applicant, 

(i) whose parent resides in that province 
or who, being eighteen years of age or 
over, himself resides in that province, 

(ii) to whom clause 3 (1) ib) applies, and 

(iii) who is not inadmissible under subsec- 
tion 8(1); and 

ib) agrees to pay such fees as are payable for the 
instruction and maintenance of the applicant. 



170 



EDUCATION 



Reg. 268 



and the Minister approves the admission of the ap- 
plicant, the Superintertdent shall admit the 
applicant. O. Reg. SS5/79, s. 4. 

5. Where the Minister of Indian Affairs and North- 
ern Development for Canada, 

(o) requests admission for an applicant who, 

(i) is an Indian to whom clause 3 (1) (b) 
applies, and 

(ii) is not inadmissible under subsection 8 
(1); and 

(b) agrees to pay such fees as are payable for the 
instruction and maintenance of the applicant, 

and the Minister approves the admission of the 
applicant, the Superintendent shall admit the 
applicant. O. Reg. 555/79, s. 5. 

6. Where an applicant who is not an Indian and 
who, 

(a) has not attained the age of eighteen years and 
whose parent is not a resident of any province 
of Canada; or 

(b) has attained the age of eighteen years and is 
not a resident of any province of Canada, 

submits to the Superintendent evidence satisfactory to 
the Superintendent under clause 3 (1) (b), the Superin- 
tendent shall, where the Minister approves the admis- 
sion of the applicant, admit the applicant to the School 
upon payment of a fee, determined by the Minister, 
that shall be not greater than the fee payable under 
section 10 or 11, as the case mav be. O. Reg. 555/79. 
s. 6. 

7. Where an applicant is eligible for admission under 
section 3, 4, 5 or 6, the Superintendent may admit him 
at any time during the school year provided that 
accommodation and a program are available. O. Reg. 

555/79, s. 7. 

8. — (1) An applicant shall not be admitted to a 
School if he is unable to profit from instruction in a 
program at the School. 

(2) Where, in respect of an applicant, doubt exists as 
to whether, 

(a) evidence submitted under clause 3 (1) (fc) 
establishes that the applicant is in need of a 
special educational program; or 

(b) the applicant is able to profit from instruction 
in a program, 

at the School, the admission of the applicant may be for 
a trial period. 



(3) Upon the request of the Superintendent, or of the 
parent of an applicant, or of an applicant who is eigh- 
teen years of age or over, the Minister may appoint a 
committee to hear and determine any question con- 
cerning the eligibility for admission of the applic- 
ant. O. Reg. 555/79, s. 8. 



FEES 

9. No fee is payable in respect of a pupil admitted to 
a School under section 3. O. Reg. 555/79, s. 9. 

10. — (1) The fee payable in a fiscal year on behalf of 
a pupil who is admitted under section 4 or 5 to a School 
referred to in subsection 2 (2), (3) or (4) and is in resi- 
dence at such School shall be equal to the average of 
the quotients obtained by dividing, for each School, 

(a) the estimated operating costs of the School for 
such fiscal year, excluding where applicable 
the estimated costs of extension and resource 
services, teacher education, daily transporta- 
tion of pupils, food services for the staff and 
for pupils who are not in residence, the 
summer course for parents, the media centre, 
the program for emotionally disturbed pupils 
and special projects. 



by, 



(b) 425 in the case of The Sir James Whitney 
School and The Ernest C. Drury School, and 
250 in the case of The Robarts School. 

(2) The fee payable in a fiscal year on behalf of a 
pupil who is admitted under section 4 or 5 to a School 
referred to in subsection 2 (2), (3) or (4) and is not in 
residence at such School shall be equal to the average 
of the quotients obtained by dividing, for each School, 

(a) the estimated operating costs of the School for 
such fiscal year, excluding where applicable 
the estimated costs of extension and resource 
services, teacher education, the laundry, resi- 
dence counsellors and residence operating 
expenses, food services for the staff and for 
pupils who are in residence, the summer 
course for parents, the media centre, the pro- 
gram for emotionally disturbed pupils and 
special projects, 



by, 



{b) 425 in the case of The Sir James Whitney 
School and The Ernest C. Drury School, and 
250 in the Case of The Robarts School. 
O. Reg. 555/79, s. 10. 

1 1. — (1) Subject to subsection (2), the fee payable in 
a fiscal year on behalf of a pupil who is admitted under 
section 4 or 5 to The W. Ross Macdonald School shall 
be equal to the quotient obtained by dividing by 275 
the estimated operating costs of the School for such 
fiscal year, excluding the estimated costs of the deaf- 



Reg. 268 



EDUCATION 



171 



blind program, the large-print library and the total 
stimulation program. 

(2) The fee payable in a fiscal year on behalf of a 
deaf-blind pupil who is admitted under section 4 or 5 
to The W. Ross Macdonald School shall be equal to 
the quotient obtained by dividing, 

(a) the sum of the amounts allocated in the esti- 
mates of such School for such fiscal year to 
salaries of teachers, counsellors and aides in 
the deaf-blind program and to transportation 
and communication services and supplies for 
pupils in such program, 



by, 



(b) the number of pupils enrolled in such program 
on the last school day in June of such fiscal 
year. O. Reg. 555/79, s. 11. 

12. Where in any month a pupil for whom a fee is 
payable attends a School for only a part of the month, 
his fee for such month shall be reduced pro rata. 
O. Reg. 555/79, s. 12. 



TRANSPORTATION 

13. — (1) The Superintendent may provide daily 
transportation to and from a School for pupils of the 
School who are not in residence at the School. 

(2) The Minister may pay all or part of the transpor- 
tation costs for a pupil admitted to a School under 
section 3 where the board of which such pupil is qual- 
ified to be a resident pupil does not provide transporta- 
tion to and from the School. O. Reg. 555/79, s. 13. 



DUTIES OF PUPILS 

14. A pupil at a School shall, 

(a) except with the permission of the Superinten- 
dent, be in attendance on the first day in the 
school year and attend classes punctually and 
regularly during the school year; 

(b) take such tests and examinations as may be 
required by the Superintendent; 

(f) exercise self-discipline and accept such dis- 
cipline as would be exercised by a kind, firm 
and judicious parent; 

id) be clean in his person and habits, diligent in 
his studies and courteous to other pupils and 
to the teaching and non-teaching staff of the 
School; 

(e) be responsible to the Superintendent for his 
conduct on the school premises, on out-of- 



school activities and programs sponsored by 
the School and while travelling on a bus under 
contract to or owned by the Ministry; 

(/) leave the school premises only under condi- 
tions specified by the Superintendent; and 

(g) if the pupil is in residence at the School, 
participate in the programs provided by the 
residence counsellor for his residence area. 
O. Reg. 555/79, s. 14. 



DUTIES OF TEACHERS 

15. A person employed to teach at a School shall, 
in addition to the duties of a teacher under the Act, 

(a) be responsible for effective instruction in the 
subjects assigned to him by the Superinten- 
dent, the management of his classes and the 
discipline in his classroom; 

(b) co-operate with officials of the Ministry and 
the Superintendent for the purposes of plan- 
ning and evaluating the program of instruc- 
tion; 

(c) make adequate provision in his daily program 
for the individual differences of the pupils in 
his classes so that each pupil may experience a 
reasonable amount of success; 

(d) prepare for use in his class or classes such 
teaching plans and outlines as are required by 
the Superintendent and submit the plans and 
outlines to the Superintendent on request; 

ie) assist in maintaining discipline in the School 
and in fostering school spirit and morale; and 

(/) carry out such supervisory duties as may be 
assigned by the Superintendent. O. Reg. 

555/79, s. 15. 

DUTIES OF RESIDENCE COUNSELLORS 

16. A residence counsellor shall, 

(a) be responsible for the residence area assigned 
to him by the Superintendent and provide for 
the safety, health, comfort and well-being of 
pupils in such area; 

(6) plan and provide programs to encourage and 
promote the growth and development of each 
pupil in his residence area and evaluate such 
programs; 

(r) make adequate provision for individual dif- 
ferences of the pupils in the programs that he 
provides; 

(d) record the growth and development of each 
pupil in his residence area; 



172 



EDUCATION 



Reg. 268 



(e) assist in maintaining school spirit, morale and 
discipline; 

(/) carry out such supervisory duties as may be 
assigned to him by the Superintendent; and 

(g) co-operate with the Superintendent in all 
matters affecting the School. O. Reg. 
555/79, s. 16. 



PARENTS 

17. — (1) There shall be deposited with the bursar a 
sum of at least $20.00 to defray the personal incidental 
expenses of a pupil enrolled in a School. 

(2) As a condition of admission of a pupil to a School, 
the parent of the pupil or the pupil, where he is over 
eighteen years of age, shall agree, 

(a) to supply on request of the Superintendent 
personal items necessary to enable the pupil to 
participate in school programs; 

(b) to provide transportation and escort for the 
pupil where necessary to ensure regular 
attendance if such transportation and escort is 
not otherwise provided; 

(c) to authorize the Superintendent, upon 
recommendation of the school physician, to 
arrange in case of emergency for the admis- 
sion of the pupil to a hospital for treatment or 
surgery; 

id) to permit such medical treatment of the pupil 
as may be recommended by the school physi- 
cian, subject to any other consent that may be 
required; 

(e) to guarantee payment for medical and dental 
services required by the pupil during the 
school year, except such services that are pro- 
vided by the School; and 

(/) to notify the Superintendent promptly of the 
reason for the absence of the pupil. 

(3) The parent of a pupil may visit with the pupil at 
the School in which the pupil is enrolled as authorized 
by the Superintendent. O. Reg. 555/79, s. 17. 



DUTIES OF SUPERINTENDENT 

18. There shall be for each School a Superintendent 
who shall, 

(a) admit pupils in accordance with this Regula- 
tion; 

(6) decide the pupils who shall be in residence at 
the School and the pupils who shall reside in 
homes approved by him; 



(c) decide the mode of transportation to and from 
School to be used by a pupil for whom such 
transportation is provided by the School; 

(d) assign pupils to classes and programs; 

(e) transfer and promote such pupils as he con- 
siders proper; 

(/) establish and maintain, and retain, transfer 
and dispose of, a pupil record in respect of 
each pupil enrolled in the School, in the man- 
ner prescribed by the regulations; 

(g) at least once in every calendar year provide for 
a review of the placement of each pupil to 
ensure that the program is appropriate for the 
capabilities and needs of the pupil; 

(h) recommend for a Secondary School Gradua- 
tion Diploma or a Secondary School Honour 
Graduation Diploma a pupil of the School 
who has completed the requirements for such 
diploma; 

(i) be in charge of the organization, management 
and discipline of the School and ensure that 
proper supervision is maintained at all times; 

(j) furnish to the Director, on his request, infor- 
mation on any matter affecting the interests of 
the School; 

(k) arrange for regular inspection of the school 
premises and report promptly to the Ministry 
of Government Services any repairs required 
to be made by that Ministry; 

(/) determine the times at which pupils may leave 
the school premises and the times at which 
they may be visited at the School; 

(m) notify the parent immediately if a pupil 
becomes seriously ill or requires hospital 
treatment off the school property; 

(n) notify the parent if a pupil damages or 
destroys school property and request suitable 
compensation; 

(o) hold emergency drill at the School and the 
residences at least six times during the school 
year and require that every pupil and staff 
nrember take part therein; 

(p) report promptly to the local medical officer of 
health and the Director any cases of infectious 
or contagious disease in the School; and 

(q) report at least once each term the progress of 
each pupil to his parent, or to the pupil where 
he is eighteen years of age or over. O. Reg. 

555/79, s. 18. 

19. — (1) The Superintendent may dismiss a pupil 
from a School or from a program in the School for a 



Reg. 268. 



EDUCATION 



173 



period not exceeding thirty days because of misconduct, 
persistent opposition to authority, habitual neglect of 
duty, the wilful destruction of school property, the use 
of profane or wilfully insulting language, or conduct 
injurious to the moral tone of the School or to the 
physical or mental well-being of others in the School 
and, where a pupil has been so dismissed, the Superin- 
tendent shall notify forthwith in writing the pupil, his 
teachers, the parent of the pupil and the Director of the 
dismissal, the reasons therefor and the right of appeal 
under subsection 2. 

(2) The parent of a pupil who has been dismissed 
under subsection (1), or the dismissed pupil where he is 
eighteen years of age or over, may, within seven days of 
the commencement of the dismissal, appeal to the 
Director against the dismissal, and the Director, after 
hearing the appeal or where no appeal is made, may 
remove, confirm or modify the dismissal and, where he 
considers it appropriate, may order that any record of 
the dismissal be expunged. 

(3) The Director may dismiss a pupil permanently 
from a School on the ground that his conduct is so 
refractory that his presence is injurious to other pupils 
where, 

(a) the Superintendent so recommends; 

(b) the pupil and his parent have been notified in 
writing of, 

(i) the recommendation of the Superin- 
tendent, and 

(ii) the right of the pupil where he is eigh- 
teen years of age or over, and other- 
wise of his parent, to make represen- 
tations at a hearing to be conducted by 
the Director; and 

(c) such hearing has been conducted. 

(4) The parties to a hearing under this section shall be 
the parent of the pupil, or the pupil where he is eighteen 
years of age or over, and the Superintendent. O. Reg. 

555/79, s. 19. 

20. — ( 1) The Superintendent may discharge a pupil, 

(a) for failure to make progress satisfactory to the 
Superintendent; or 

(b) where the pupil is no longer in need of a spe- 
cial educational program in the School and 
another program placement would be more 
appropriate for the pupil. 

(2) Where a pupil has been discharged under sub- 
section (1), the Superintendent shall, 

(a) notify in writing the pupil and the parent of 
the pupil, of the discharge, the reason therefor 
and the right of appeal to the Director; 



(b) counsel the parent of the pupil, or the pupil 
where he is eighteen years of age or over, in 
respect of the opportunities available to the 
pupil; and 

(c) give supportive guidance to the parent and to 
the pupil where, in the opinion of the 
Superintendent, such guidance is necessary. 

(3) The parent of a pupil who has been discharged 
under subsection (1), or the discharged pupil where he is 
eighteen years of age or over, may, within seven days of 
the discharge, appeal to the Director against the dis- 
charge, and the Director, after hearing the appeal or 
where no appeal is made, may confirm the discharge or 
order that the pupil be readmitted to the School. 

(4) The parties to a hearing under this section shall be 
the parent of the pupil, or the pupil where he is eighteen 
years of age or over, and the Superintendent. O. Reg. 

555/79, s. 20. 

21. A Superintendent may cause a pupil to be sent 
home because of, 

(a) serious or continued ill-health of the pupil; or 

(6) the need of the pupil for medical treatment, 
certified by the school physician. O. Reg. 

555/79, s. 21. 



superintendent's advisory council 

22. — (1) A Superintendent may establish a Superin- 
tendent's Advisory Council for his School to make 
recommendations to the Superintendent in respect of 
the organization, administration and government of the 
School. 

(2) A Superintendent's Advisory Council established 
under subsection (1) shall be composed of at least six 
persons appointed by the Superintendent, and such 
Council shall meet at the call of the Superintendent at 
least twice during each school year. 

(3) A member of a Superintendent's Advisory Coun- 
cil is entitled to be reimbursed for his expenses neces- 
sarily incurred to attend a meeting of the Superinten- 
dent's Advisory Council. O. Reg. 555/79, s. 22. 



qualifications of teachers 

23. — (1) A teacher employed to teach the deaf at a 
School shall hold, 

(a) a certificate qualifying him to teach in an 
elementary school or a secondary school in 
Ontario or a letter of standing; and 

{b) the Diploma in Deaf Education granted by the 
Minister or qualifications in education of the 
deaf that the Minister considers equivalent 
thereto. 



174 



EDUCATION 



Reg. 268 



(2) A deaf adult may be employed to teach the deaf at 
a School if he holds a Permanent Letter of Standing 
valid for the teaching of the deaf. 

(3) A teacher employed to teach the blind at a School 
shall, 

(a) hold a certificate ciualifyinji him to teach in an 
elementary school or a secondary school in 
Ontario or a letter of standing; and 

(b) have completed, or be actively engaged in 
completing, the requirements for the 
specialist qualification for teaching the blind, 
or hold qualificatipns in education of the blind 



that the Minister considers equivalent there- 
to. 

(4) A teacher employed to teach the deaf-blind at a 
School shall, 

(a) hold a certificate qualifying him to teach in an 
elementary school or a secondary school in 
Ontario or a letter of standing; and 

(b) have completed, or be actively engaged in 
completing, the requirements for the 
specialist qualification for teaching the deaf- 
blind, or hold qualifications in education of 
the deaf-blind that the Minister considers 
equivalent thereto. O. Reg. 555/79, s. 23. 



Reg. 269 



EDUCATION 



175 



REGULATION 269 



under the Education Act 



ONTARIO TEACHER'S QUALIFICATIONS 

INTERPRETATION 

1. In this Regulation, 

(a) "acceptable university degree" means a 
degree that is, 

(i) granted by an Ontario university that 
is an ordinary member of the Associa- 
tion of Universities and Colleges of 
Canada, 

(ii) granted by a Canadian university in a 
province other than Ontario that is an 
ordinary member of the Association of 
Universities and Colleges of Canada, 
and is a degree that is considered by the 
Minister to be equivalent to a degree 
referred to in subclause (i), 

(iii) granted by a university in the United 
States that is recognized by, 

(A) Middle States Association of 
Colleges and Schools, 

(B) New England Association of 
Schools and Colleges, 

(C) North Central Association of 
Colleges and Schools, 

(D) Northwest Association of 
Schools and Colleges, 

(E) Southern Association of Col- 
leges and Schools, or 

(F) Western Association of Schools 
and Colleges, 

and is considered by the Minister to be 
equivalent to a degree referred to in 
subclause (i), and 

(iv) granted by a university that is located 
in a country- other than Canada and the 
United States and that is considered by 
the Minister to be equivalent to a 
degree referred to in subclause (i); 

(ft) "appropriate supervisory officer" means, 
in respect of a teacher, the supervisory 
officer assigned by a board in accordance 
with the Act and regulations or by the 
Minister to provide supervisory services in 



resf)ect of the performance by the teacher 
of his duties under the Act and the regu- 
lations; 

(c) "approved program" means a program 
approved by the Minister; 

(d) "band" and "council of the band" have the 
same meaning as in the Indian Act (Canada); 

(e) "candidate" means a candidate for an 
Ontario Teacher's Certificate, a Letter of 
Standing or an additional qualification 
granted under this Regulation; 

(/) "Deputy Minister" means the Deputy Minis- 
ter of Education; 

(g) "division" means the primar>' division, junior 
division, intermediate division or senior divi- 
sion; 

(// ) "education authoritj" means a corporation 
that is incorporated b>- two or more bands or 
councils of bands for the purpose of providing 
for the educational needs of the members of 
such bands; 

(/) "general studies" means tiie courses 
developed from curriculum guidelines that 
arc issued by the Minister for the intermediate 
division and senior division and listed under a 
heading other than "Technological Studies" in 
circular H.S.I, issued by the Ministry; 

(j ) "holds a degree" means, in respect of a 
candidate, that he has completed all the 
requirements for and has been approved for. 
the granting of a degree, regardless of 
whether or not the degree has been con- 
ferred ; 

{k) "program of professional education" means a 
program approved b\ the Minister and con- 
ducted at a college, faculty or school of educa- 
tion in Ontario that includes, 

(i) a concentrated study of two di- 
visions, including in the case of the 
intermediate division and the senior 
division a minimum of two optional 
courses of which, 

(A) one is from Schedule A and the 
other from Schedule A or 
Schedule B, 

(B) two are from Schedule C at the 
basic level, or 



176 



EDUCATION 



Reg. 269 



(C) one is from Schedule C at the 
basic level and the other the 
same option at the advanced 
level, 

(ii) studies in education including learn- 
ing and development throughout 
the primary, junior, intermediate 
and senior division, 

(iii) teaching methods designed to meet 
the individual needs of pupils, 

(iv) the acts and regulations respecting 
education, 

(v) a review of the curriculum guide- 
lines issued by the Minister related 
to all of the divisions and a study 
of curriculum development, and 

(vi) a minimum of forty days of practical 
experience in schools or in other 
situations approved by the Minister 
for observation and practice teach- 
ing; 

(/) "technological qualifications" means, in 
respect of a candidate for the Ontario 
Teacher's Certificate or a Provisional or 
Temporary Letter of Standing, 

(i) the holding of the secondary school 
graduation diploma or the successful 
completion of courses that are con- 
sidered by the Minister to be the 
equivalent of such diploma, 

(ii) proof of his competence in the area 
or areas of technological studies 
selected as options in the program 
of professional education, and 

(iii) one of, 

(A) five years of wage-earning 
business or industrial ex- 
perience related to the area or 
areas of technological studies 
selected as options in the 
program of professional edu- 
cation, or 

(B) a combination of education 
beyond that referred to in 
subclause (i) and business or 

industrial experience that 
totals five years, including at 
least two years, whenever 
accumulated, of wage-earning 
experience related to the area 
or areas of technological 
studies selected as options in 
the program of professional 
education ; 



(m ) "technological studies" means the courses 
developed from curriculum guidelines that 
are issued by the Minister for the intermediate 
division and the senior division and listed 
under the heading "Technological Studies" in 
circular H.S.I, issued by the Ministry; 

(n) "university course" means a one-year 
university course beyond the Grade 13 
level, or the equivalent of such one-year 
university course, where the course is part 
of a program leading to an acceptable 
university degree ; 

(o) "university credit" means a unit of recog- 
nition in respect of the successful com- 
pletion of a university course, such that 
sixty such university credits are required 
to complete a four-year university program 
leading to an acceptable university degree. 
O. Reg. 407/78, s. 1; O. Reg. 557/80, s. 1. 



Part I 

BASIC QUALIFICATIONS 

2. A candidate for the Ontario Teacher's Certificate 
shall submit to the dean of a college or faculty of educa- 
tion or the director of a school of education in Ontario, 

(a) a certificate of birth or baptism, or other 
acceptable proof of the date and place of 
his birth; 

(b) in the case of a candidate who is a married 
woman who wishes to have her certificate 
issued in her married name, a certificate 
of marriage or other acceptable propf that 
she is the person referred to in the certi- 
ficate or other document submitted under 
clause (a); 

(f) a certificate of change of name where 
applicable ; 

(d) evidence satisfactory to such dean or director 
of his academic or technological qualifica- 
tions; 

(e) in the case of a person who was not born 
in Canada, evidence that he is a Canadian 
citizen or a permanent resident under the 
Immigration Act, 1976 (Canada); 

(/) proof of freedom from active tuberculosis. 
O. Reg. 407/78, s. 2; O. Reg. 557/80, s. 2. 

3. Where the dean of a college or faculty of education 
or the director of a school of education in Ontario 
reports to the Deputy Minister that a candidate, 



Reg. 269 



EDUCATION 



177 



(a) has complied with section 2; 

(b) is a Canadian citizen; 

(c) holds an acceptable university degree or 
qualifications the Minister considers equiv- 
alent thereto, or technological quaHfica- 
tions; and 

(d) has successfully completed a program of 
professional education, 

the Minister may grant to the candidate an Ontario 
Teacher's Certificate in Form 1, and an Ontario 
Teacher's Qualifications Record Card in Form 2 that 
indicates the areas of concentration successfully com- 
pleted. O. Reg. 407/78, s. 3; O. Reg. 557/80, s. 3. 

4. — (1) An entry on an Ontario Teacher's Quali- 
fications Record Card in respect of a program 
successfully completed in Canada shall indicate by 
the language in which the entry is recorded 
whether the program was taken in English or in 
French. 

(2) An entry on an Ontario Teacher's Qualifica- 
tions Record Card in resjject of a program success- 
fully completed out of Canada shall indicate by 
the language in which the entry is recorded whether 
the qualification referred to is for teaching in 
schools and classes where English is the language 
of instruction or in French-language schools and 
classes estabhshed under Part XI of the Act. 
O. Reg. 407/78, s. 4. 

(3) Notwithstanding sections 8, 16 and 29, qualifi- 
cations valid in French Language schools and classes 
established under Part XI of the Act are valid in French 
Language classes where the teacher is otherwise quali- 
fied according to subsection 20 (12) of Regulation 262 
of Revised Regulations of Ontario, 1980. O. Reg. 
557/80, s. 4. 

5. Where the dean of the Faculty of Education 
of the University of Ottawa or the director of the 
School of Education of Laurentian University of 
Sudbury reports to the Deputy Minister that a 
candidate, 

(a) has complied with section 2 ; 

(6) is a Canadian citizen ; 

(c) has successfully completed at least the 
requirements for a Secondary School 
Honour Graduation Diploma including 
fran(;ais and either English or anglais ; and 

id) has successfully completed an approved pro- 
gram of teacher education in the French lan- 
guage, with concentration in the primary 
division and the junior division, 



the Minister may grant to the candidate an Ontario 
Teacher's Certificate in Form 1, and an Ontario 
Teacher's Qualifications Record Card in Form 2 
that indicates the areas of concentration successfully 
completed. O. Reg. 407/78, s. 5; O. Reg. 557/80, s. 5. 

6. Where the dean of a college or faculty of education 
or the director of a school of education in Ontario 
reports to the Deputy Minister that a candidate, 

(a) has comphed with section 2; 

(b) is of native ancestry; 

(f) holds the requirements for a Secondary 
School Graduation Diploma or standing 
the Minister considers equivalent thereto; 
and 

{d) has successfully completed an approved pro- 
gram of teacher education with concentration 
in the primary division and the junior divi- 
sion, 

the Minister may grant to the candidate an Ontario 
Teacher's Certificate, in Form 1, and an Ontario 
Teacher's Qualifications Record Card in Form 2 that 
indicates the areas of concentration successfully com- 
pleted. O. Reg. 407/78, s. 6; O. Reg. 557/80, s. 6. 

7. Where the dean of a college or faculty of education 
in Ontario reports to the Deputy Minister that a candi- 
date has met the requirements of clauses 3 (a), (c) and 
(d) but is not a Canadian citizen, the Minister may 
grant to the candidate a Temporary Letter of Standing 
in Form 3 valid for six years in schools and classes 
where English is the language of instruction. O. Reg. 
557/80, s. 7. 

8. Where the dean of the Faculty of Education of the 
University of Ottawa or the director of the School of 
Education of Laurentian University of Sudbury reports 
to the Deputy Minister that a candidate has met the 
requirements of clauses 3 (a), (c) and (d) or clauses 5 
(a), (c) and (d), but is not a Canadian citizen, the 
Minister may grant to the candidate a Temporary 
Letter of Standing in Form 3a valid for six years in 
French-language schools and classes established under 
Part XI of the Act. O. Reg. 557/80, s. 8. 

9. Where the holder of a Temporary Letter of 
Standing granted under section 7, 8 or 13 submits 
to the Deputy Minister evidence that he is a 
Canadian citizen, the Minister may grant him an 
Ontario Teacher's Certificate in Form 1, and an 
Ontario Teacher's Qualifications Record Card in 
Form 2 that indicates the areas of concentration 
successfully completed. O. Reg. 407/78, s. 10. 

10. Where the dean of a college or faculty of educa- 
tion or the director of a school of education in Ontario 
reports to the Deputy Minister that a candidate, 

(a) has comphed with section 2; 



178 



EDUCATION 



Reg. 269 



(b) holds an acceptable university degree or 
qualifications the Minister considers equiv- 
alent thereto or technological qualifica- 
tions; and 

((■) has successfully completed the first session 
of a program of professional education, 

the Minister may grant to the candidate a Provisional 
Letter of Standing, in Form 4 where the session was 
taken in English and in Form 4a where the session was 
taken in French. O. Reg. 407/78. s. 11; O. Reg. 557/ 
80, s. 10. 

11. For the purposes of section 12, a person 
who holds a Temporary Elementary School Certi- 
ficate or a Temporary Secondary School Certificate 
is deemed to hold a Provisional Letter of Standing 
granted on the date of his Temporary Elementary 
School Certificate or his Temporary Secondary 
School Certificate. O. Reg. 407/78, s. 12. 

12. — (1) Where the dean of a college or faculty of 
education or the director of a school of education in 
Ontario reports to the Deputy Minister that a person 
who holds a Provisional Letter of Standing, 

{a) has taught successfully for one school 
year in Ontario as certified by the appro- 
priate supervisory officer; and 

(b) has successfully completed the second 
session of a program of professional educa- 
tion where such second session is not the 
final session of the program, 

the Minister may extend the person's Provisional Letter 
of Standing for one year. O. Reg. 407/78, s. 13{1);0. 
Reg. 557/80, s. 11 (1). 

(2) Where the dean of a college or faculty of educa- 
tion or the director of a school of education in Ontario 
reports to the Deputy Minister that a candidate who 
holds a Provisional Letter of Standing, 

(a) has taught successfully in Ontario, as certi- 
fied by the appropriate supervisory officer, 
for one school year after the granting of his 
Provisional Letter of Standing and after 
its extension where it was extended; 

(b) has successfully completed the final session 
of a program of professional education ; and 

(i) is a Canadian citizen, 

the Minister hku grunt to the candidate an Ontario 
Teacher's Certificate in Form 1, and an Ontario 
Teachers Qualifications Record Card in Form 2 that 
indicates the areas of concentration successfully com- 
pleted. O.Reg. 407/78, s. 13 (2); O. Reg. 557/80, s. 11 
(2). 

13. Where the dean of a college or faculty of educa- 
tion or the director of a school of education in Ontario 



reports to the Deputy Minister that a candidate has 
met the requirements of clauses 12 (2) (a) and (b) but is 
not a Canadian citizen, the Minister may grant to the 
candidate a Temporary Letter of Standing valid for six 
years in Form 3 where the program of professional 
education was taken in English, or in Form 3o where 
such program was taken in French. O. Reg. 557/80, 
s. 12. 

14. An applicant for a Temporary Letter of 
Standing who completed a teacher education pro- 
gram outside Ontario shall submit to the Director 
of the Teacher Education Branch of the Ministry 
with his application, 

(a) the items required to be submitted under 
section 2 ; 

(b) evidence of his academic or technological 
qualifications ; 

(c) his teaching certificate and a transcript 
of his teacher education program ; 

(d) a statement from the issuing authority 
that his teaching certificate has not been 
suspended or cancelled ; 

(e) evidence that he is free to accept employ- 
ment in Ontario as a teacher; and 

(/) such evidence as the Director may re- 
quire of successful teaching experience in 
schools and programs similar to those for 
which the Temporary Letter of Standing 
applied for is valid. O. Reg. 97/79, s. 1. 

15. — (1) Where an applicant for a Temporary 
Letter of Standing, 

(a) has complied with section 14; 

(b) has successfully completed in a Canadian 
province other than Ontario a teacher 
education program acceptable to the 
Minister ; and 

(c) holds the academic or technological quali- 
fications required for an Ontario Teacher's 
Certificate, 

the Director of the Teacher Education Branch of 
the Ministry may issue to the applicant a Letter 
of Eligibility, in Form 5 where the teacher educa- 
tion program was taken in English and in Form 5a 
where such program was taken in French. O. Reg. 
97/79, s. 2, part. 

(2) Where an applicant who holds a Letter of Eligi- 
bility granted under this section submits to the Deputy 
Minister evidence that he has an offer of a position as a 
teacher in Ontario from, 

(a) aboard; 



Reg. 269 



EDUCATION 



179 



(b) a private school ; 

(c) the Provincial Schools Authority established 
under section 2 of the Provincial Schools 
Negotiations Act; 

(d) the Department of Indian Affairs and 
Northern Development of the Government 
of Canada; or 

(e) a council of a band or an incorporated 
education authority estabHshed by two or 
more bands where such council of the band 
or education authority is authorized by the 
Crown in right of Canada to provide educa- 
tion for Indians, 

and that such offer is subject to his obtaining a Tempor- 
ary Letter of Standing valid for six years from the date 
of issue, the Minister may grant to the applicant a 
Temporary Letter of Standing in Form 3 or Form 3a , as 
the case may be. O. Reg. 97/79, s. 2, part; O. Reg. 
557/80, s. 13. 

16. Where an applicant for a Temporary Letter 
of Standing, 

(a) has complied with the requirements of sec- 
tion 14; 

(b) has successfully completed outside Canada 
a teacher education program acceptable to 
the Minister ; and 

(f) holds the academic or technological quaU- 
fications required for an Ontario Teacher's 
Certificate, 



the Director of the Teacher Education Branch of 
the Ministry may issue to the applicant a Letter of 
Eligibility in Form 5 or, if the applicant wishes to 
become qualified to teach in French language 
schools and classes established under Part XI of 
the Act, a Letter of Eligibility in Form 5a. O. Reg. 
97/79, s. 2, part. 

17. Where an applicant who holds a Letter of Eligi- 
bility issued under section 16 in Form 5 or Form 5a 
submits to the Deputy Minister evidence that he, 

(a) has an offer of a position as a teacher in 
Ontario from, 

(i) a board, 

(ii) a private school, 

(iii) the Provincial Schools Authority 
established under section 2 of the Pro- 
vincial Schools Negotiations Act, 

(iv) the Department of Indian Affairs and 
Northern Development of the Gov- 
ernment of Canada, or 



(v) a council of a band or an incorporated 
education authority established by two 
or more bands where such council of 
the band or education authority is 
authorized by the Crown in right of 
Canada to provide education for 
Indians, 

and such offer is subject to his obtaining a 
Temporary Letter of Standing; and 

(b) has successfully completed, subsequent to the 
date of such offer, an approved orientation 
program in English or French, as the case may 
be, for holders of Letters of Eligibility, 

the Minister may grant to the applicant a Temporary 
Letter of Standing valid for six years from the date of 
issue in Form 3 or Form 3a, as the case may be. O. 
Reg. 16/80, s. 1; O. Reg. 557/80, s. 14. 

18. Where the holder of a Temporary Letter 
of Standing granted under section 15 or 17 submits 
to the Deputy Minister evidence that he, 

(a) is a Canadian citizen; and 

(b) has at least ten months of successful 
teaching experience in Ontario on the 
Temporary Letter of Standing, as certified 
by the appropriate supervisory officer, 

the Minister may grant to the candidate an Ontario 
Teacher's Certificate in Form 1, and an Ontario 
Teacher's Qualifications Record Card in Form 2 
that indicates the areas of concentration successfully 
completed. O. Reg. 407/78, s. 18. 

19. Where a person who is granted a Temporary 
Letter of Standing under section 15 or 17 that has 
expired or is about to expire submits to the Deputy 
Minister evidence that he, 

(a) is a Canadian citizen; 

(b) has been employed as a teacher for a total of 
less than ten months; and 

(c) has an offer of a position as a teacher from, 

(i) a board, 

(ii) a private school, 

(iii) the Provincial Schools Authority 
established under section 2 of the Pro- 
vincial Schools Negotiations Act, 

(iv) the Department of Indian Affairs and 
Northern Development of the Gov- 
ernment of Canada, or 



180 



EDUCATION 



Reg. 269 



(v) a council of a band or an incorporated 
education authority established by two 
or more bands where such council of 
the band or education authority is 
authorized by the Crown in right of 
Canada to provide education for 
Indians, 

the Minister may renew the Temporary Letter of 
Standing for a period of one year. O. Reg. 557/80, 
s. 16. 

20. — (1) Where the principal of the Teacher Edu- 
cation Centre, Belleville, reports to the Deputy 
Minister that a candidate, 

(a) has complied with section 2; 

(6) is a Canadian citizen; 

(c) is unable to undertake a program leading to 
the Ontario Teacher's Certificate by reason of 
impaired hearing; 

(d) holds an acceptable university degree or 
qualifications the Minister considers equiva- 
lent thereto; and 

(e) has successfully completed an approved pro- 
gram of teacher education for teaching the 
deaf, 

the Minister may grant to the candidate a Permanent 
Letter of Standing in Form 6 where such approved 
program was taken in English and in Form 6a where 
such approved program was taken in French that is 
valid in Ontario for teaching the deaf. 

(2) Where the principal of the Teacher Education 
Centre, Belleville, reports to the Deputy Minister that a 
candidate has met the requirements of clauses (1) (a), 
(c), (d) and (e), but is not a Canadian citizen, the 
Minister may grant to the candidate a Provisional 
Letter of Standing in Form 4 or 4a, as the case may be, 
valid for six years from the date of issue for teaching 
the deaf. O. Reg. 557/80, s. 17. 

21. Where the principal of a course leading to 
the additional qualification of Part I Special Educa- 
tion, or the dean of a college or faculty of education 
or the director of a school of education in Ontario, 
reports to the Deputy Minister that a candidate, 

(a) holds one of, 

(i) a Diploma in Pre-School Education 
obtained at Ryerson Polytechnical 
Institute, 

(ii) a Diploma in Child Study obtained 
at the Institute of Child Study of 
the University of Toronto, or 

(iii) a Diploma in Early Childhood Edu- 
cation obtained at an Ontario college 
of applied arts and technology ; 



(b) has comphed with section 2 ; and 

(c) has successfully completed the program for 
Part I Special Education including part one of 
the Teaching Trainable Retarded option, 

the Minister may grant to the candidate a Pro- 
visional Letter of Standing, in Form 4 where such 
program was taken in English and in Form 4a 
where such program was taken in French, that is 
valid for one year for teaching in schools or classes 
for the trainable retarded. O. Reg. 407/78, s. 22; O. 
Reg. 557/80, s. 18. 

22. — (1) Where the principal of a course leading to 
the additional qualification of Part II Special Educa- 
tion, or the dean of a college or faculty of education or 
the director of a school of education in Ontario reports 
to the Deputy Minister that a candidate, 

(a) holds a Provisional Letter of Standing 
granted under section 21; 

(b) has taught successfully for one year in Ontario 
in a school or class for the trainable retarded 
as certified by the appropriate supervisory 
officer; 

(c) is a Canadian citizen; and 

(d) has successfully completed the program for 
Part II Special Education including part two 
of the Teaching Trainable Retarded option, 

the Minister may grant to the candidate a Permanent 
Letter of Standing, in Form 6 where such program was 
taken in English, or in Form 6a where such program 
was taken in French, that is valid for teaching in schools 
or classes for the trainable retarded. 

(2) Where the principal of a course leading to the 
additional qualification of Part II Special Education, or 
the dean of a college or faculty of education or the 
director of a school of education in Ontario reports to 
the Deputy Minister that a candidate has met the 
requirements of clauses (1) (a), (b) and (of), but is not a 
Canadian citizen, the Minister may grant to the candi- 
date a Provisional Letter of Standing in Form 4 or 
Form 4a, as the case may be, valid for six years from 
the date of issue for teaching in schools or classes for 
the trainable retarded. O. Reg. 557/80, s. 19. 

23. Where the holder of a Provisional Letter of 
Standing granted under section 20 or section 22 sub- 
mits to the Deputy Minister evidence that he is a 
Canadian citizen, the Minister may grant him a Per- 
manent Letter of Standing valid for teaching the deaf 
only or valid for teaching in schools or classes for the 
trainable retarded, as the case may be. O. Reg. 557/ 
80, s. 20. 

24. — (1) A person who holds one of the following 
certificates and who is, 

(a) a Canadian citizen ; or 



Reg. 269 



EDUCATION 



181 



(b) a British subject who was granted the 
certificate prior to the 1st day of September, 
1973, 

is deemed to hold the Ontario Teacher's Certificate : 

1. First Class Certificate valid in Secondary 
Schools. 

2. High School Specialist's Certificate. 

3. Interim Elementary School Teacher's Certi- 
ficate. 

4. Interim Elementary School Teacher's Certi- 
ficate, Standard 1, 2, 3 or 4. 

5. Interim First Class Certificate. 

6. Interim High School Assistant's Certi- 
ficate. 

7. Interim High School Assistant's Certi- 
ficate, Type A. 

8. Interim High School Assistant's Certi- 
ficate Type B. 

9. Interim Occupational Certificate, Type A 
(Practical Subjects). 

10. Interim Occupational Certificate, Type B 
(Practical Subjects). 

11. Interim Primary School Specialist's Certi- 
ficate. 

12. Interim Second Class Certificate. 

13. Interim Vocational Certificate, Type A. 

14. Interim Vocational Certificate, Type B. 

15. Occupational Specialist's Certificate (Prac- 
tical Subjects). 

16. Permanent Commercial-Vocational Certi- 
ficate. 

17. Permanent Elementary School Teacher's 
Certificate. 

18. Permanent Elementary School Teacher's 
Certificate, Standard 1, 2, 3 or 4. 

19. Permanent First Class Certificate. 

20. Permanent High School Assistant's Certi- 
ficate. 



21. Permanent Occupational Certificate (Prac- 
tical Subjects). 

22. Permanent Primary School Specialist's 
Certificate. 



23. Permanent Second Class Certificate. 

24. Permanent Vocational Certificate. 

25. Vocational Specialist's Certificate. O. Reg. 
407/78, s. 24 (1); O. Reg. 97/79, s. 4. 

(2) The Minister shall grant to a person referred to 
in subsection (1) an Ontario Teacher's Certificate in 
Form 1, and an Ontario Teacher's Qualifications 
Record Card in Form 2 that indicates the qualifica- 
tions held by the person. O. Reg. 407/78, s. 24 (2). 

(3) A person who holds an interim certificate refer- 
red to in subsection (1) and who is not a Canadian 
citizen continues to be qualified to teach in accordance 
with the certificate that he holds until, 

(a) the 30th day of June, 1981; or 

(b) the date to which the certificate is valid as 
shown thereon, 

whichever is the later, and the person may, upon 
becoming a Canadian citizen, be granted by the Minis- 
ter an Ontario Teachers' Certificate in Form 1, and an 
Ontario Teacher's Qualifications Record Card in Form 
2 that indicates the qualifications that he holds. O. 
Reg. 317/79, s. 1. 

(4) Where a person who held a Letter of Standing 
granted before the 1st day of July, 1978 and who is a 
Canadian citizen submits to the Deputy Minister evi- 
dence of at least ten months of successful teaching 
experience in Ontario on the Letter of Standing, as 
certified by the appropriate supervisory officer, in a 
division or subject for which the Letter of Standing, as 
certified by the appropriate supervisory officer, in a 
division or subject for which the Letter of Standing is 
valid, the Minister may grant to the person an Ontario 
Teacher's Certificate in Form 1, and an Ontario 
Teacher's Qualifications Record Card in Form 2 that 
indicates the qualifications held by the person. 
O. Reg. 407/78, s. 24 (4). 

25. — (1) A person who holds one of the following 
certificates or Letters of Standing that was valid on the 
1st day of July, 1978 but who is not qualified for the. 
Ontario Teacher's Certificate under this Regulation 
remains qualified to teach in the classes, schools and 
subjects in which he is qualified by the certificate or 
Letter of Standing that he holds: 

1. Elementary Certificate in Teaching Train- 
able Retarded Children. 

2. Elementary Instrumental Music Certifi- 
cate, Type A. 

3. Elementary Instrumental Music Certifi- 
cate, Type B. 

4. Elementary Vocal Music Certificate, Type 
A. 

5. Elementary Vocal Music Certificate, Type 
B. 



182 



EDUCATION 



Reg. 269 



6. Interim Elementary School Teacher's Cer- 
tificate Standard 1, 2, 3 or 4 (French only). 

7. Interim Second Class Certificate (French 
only). 

8. Interim Specialist Certificate in Instru- 
mental Music. 

9. Interim Specialist Certificate in Vocal 
Music. 

10. Intermediate Certificate in Teaching Train- 
able Retarded Children. 

11. Intermediate Industrial Arts Only Certi- 
ficate. 

12. Intermediate Instrumental Music Certi- 
ficate, Type A. 

13. Intermediate Instrumental Music Certi- 
ficate, Type B. 

14. Intermediate Vocal Music Certificate. Type 
A. 



15. Intermediate Vocal Music Certificate. Type 
B. 

16. Letter of Standing (Renewable). 

17. Permanent Elementary School Teacher's 
Certificate, Standard 1, 2, 3 or 4 (French 
only). 



18. Permanent Letter of Standing (Renew- 
able). 

19. Permanent Second Class Certificate (French 
only). 

20. Permanent Specialist Certificate in Instru- 
mental Music. 

21. Permanent Sp)ecialist Certificate in Vocal 
Music. 



22. Specialist Certificate as Teacher of the 
Blind. 



23. Specialist Certificate as Teacher of the 
Deaf. 



24. Supervisor's Certificate in Instrumental 
Music. 



25. Supervisor's Certificate in Vocal Music. 

26. Teacher of the Trainable Retarded. 



27. Temporary Certificate as Teacher of French 
to English-speaking Pupils in Elementary 
Schools. O. Reg. 407/78, s. 25 (1). 

(2) Where the dean of a college or faculty of educa- 
tion or the director of a school of education in Ontario 
reports to the Deputy Minister that a candidate, 

(a) has complied with section 2; 

{b) is a Canadian citizen ; 

(f ) holds a certificate or Letter of Standing listed 
in subsection (1); 

(d) holds an acceptable university degree or 
qualifications the Minister considers equiva- 
lent thereto, or technological qualifications 
or, in the case of a candidate for an Ontario 
Teacher's Certificate valid for teaching in 
French-language schools and classes estab- 
lished under Part XI of the Act, a Secondary 
School Honour Graduation Diploma; and 

(e) has successfully completed approved pro- 
grams with concentration in two divisions 

the Minister may grant to the candidate an Ontario 
Teacher's Certificate in Form 1 and an Ontario 
Teacher's Qualifications Recorrl Card in P'orm 2 that 
indicates the areas of concentration successfully com- 
pleted. O. Reg. 407/78, s. 25 (2); O. Reg. 16/80, s. 2; 
O. Reg. 557/80, s. 21 (1). 

(3) A person who holds a Deferred Elementary 
School Teacher's Certificate or a Deferred First Class 
Certificate that was valid on the 1st day of July, 1978 
remains qualified to teach in the schools and classes for 
which he is qualified by the certificate that he holds 
and, upon submission to the Ministry of evidence that 
he has completed the academic requirements for an 
Interim Elementary School Teacher's Certificate or an 
Interim First Class Certificate, as the case may be, in 
force at the time the deferred certificate was issued, the 
Minister may grant to the person an Ontario Teacher's 
Certificate in Form 1, and an Ontario Teacher's Quali- 
fications Record Card in P'orm 2 that indicates the 
qualifications held by the person. O. Reg. 407/78. 
s. 25 (3). 

(4) A person who holds an Interim Commercial- 
Vocational Certificate that was valid on the 30th day 
of June. 1978, subject to the conditions and require- 
ments pertaining to such certificate, remains qualified 
to teach in the schools and classes for which he is 
qualified by the certificate he holds, and upon submis- 
sion to the Ministry, on or before the 30th day of June, 
1981, of evidence that he has met the requirements for 
a Permanent Commercial-Vocational Certificate in 
force at the time the interim certificate was issued, the 
Minister may grant to the person an Ontario Teacher's 
Certificate in Form 1 and an Ontario Teacher's Qual- 
ifications Record Card in Form 2 that indicates the 
qualifications held by the person. O. Reg. 55 7/80, 
s. 21 (2). 



Reg. 269 



EDUCATION 



183 



Part n 

ADDITIONAL QUALIFICATIONS FOR TEACHERS 

26. A session of a course leading to an addi- 
tional qualification shall consist of a minimum of 
125 hours of work that is approved by the Minister. 
O. Reg. 407/78, s. 26. 

27. Where the dean of a college or faculty of educa- 
tion or the director of a school of education in Ontario, 
reports to the Deputy Minister that a candidate, 

(a) holds or is deemed to hold an Ontario 
Teacher's Certificate; 

(6) holds an acceptable university degree or 
qualifications the Minister considers equiv- 
alent thereto; and 

(f) has successfully completed an approved 
program leading to qualifications in an 
additional area of concentration in the 
primary division, the junior division, the 
intermediate division in general studies or 
the senior division in general studies, 

the Minister may have entered on the candidate's 
Ontario Teacher's Qualifications Record Card such 
additional area of concentration. O. Reg. 407/78, s. 
27(1);0. Reg. 557/80, s. 22. 

28. — (1) Subject to subsection (2), where the dean 
of a college or faculty of education in Ontario reports 
to the Deputy Minister that a candidate, 

(a) holds or is deemed to hold an Ontario 
Teacher's Certificate; 

{b) has successfully completed an approved 
program leading to additional qualifica- 
tions in a subject listed in Schedule C ; and 

(f) has demonstrated appropriate competence 
in such subject, 

the Minister may have entered on the candidate's 
Ontario Teacher's Qualifications Record Card the 
additional qualification in such subject. 

(2) Except where the additional qualification is 
in Industrial Arts, an additional qualification may 
not be entered under subsection (1) on the Ontario 
Teacher's Qualifications Record Card of a candidate 
whose area of concentration in the program of 
professional education that qualified him for the 
Ontario Teacher's Certificate was not in the inter- 
mediate and senior divisions in technological studies 
unless the candidate has at least twenty-four 
months of wage-earning experience related to the 
subject for which such additional qualification is to 
be entered. O. Reg. 407/78, s. 28. 



29. Where a candidate who holds the Ontario 
Teacher's Certificate, and whose Ontario Teacher's 
Qualifications Record Card shows areas of con- 
centration in two or more of the primary division, 
junior division or intermediate division of an 
elementary school, and that his program of pro- 
fessional education was taken in English, has 
successfully completed an approved program referred 
to in clause 27 (c) that is conducted in French and that 
leads to a qualification to teach in the primary divi- 
sion, the junior division or the intermediate division of 
a French-language elementary school or class estab- 
lished under Part XI of the Act, the Minister may have 
entered on the candidate's Ontario Teacher's Qualifi- 
cations Record Card the areas of concentration suc- 
cessfully completed. O. Reg. 407/78, s. 29. 



ONE SESSION COURSES 

30. Where the principal of a single-session course 
leading to a qualification listed in Schedule D, or the 
dean of a colkge or faculty of education or the 
director of a school of education in Ontario, reports 
to the Deputy Minister that a candidate, 

(a) holds or is deemed to hold an Ontario 
Teacher's Certificate; and 

(b) has successfully completed the approved 
program for the single session course lead- 
ing to an additional qualification in a sub- 
ject listed in Schedule D, 

the Minister may have entered upon the candidate's 
Ontario Teacher's Qualifications Record Card the 
quahfication in such subject. O. Reg. 407/78, s. 30; 
O. Reg. 97/79, s. 5. 



THREE SESSION SPECIALIST COURSES 

31. Where the principal of the first session of a 
three-session course leading to a qualification listed 
in Schedule E, or the dean of a college or faculty of 
education or the director of a school of education in 
Ontario, reports to the Deputy Minister that a 
candidate, 

(a) holds or is deemed to hold an Ontario 
Teacher's Certificate and in the case of, 

(i) all qualifications listed in Schedule E 
except Guidance, Industrial Arts, 
Media, Multiculturalism in Educa- 
tion, Music-Instrumental, Music- 
Vocal (Primary, Junior), Music- Vocal 
(Intermediate, Senior), Specijil Edu- 
cation and Visual Arts, the candidate's 
Ontario Teacher's QualiHcations 
Record Card has an entry showing 
qualifications in the primary division, 
the junior division, the intermediate 



184 



EDUCATION 



Reg. 269 



division in general studies, or the 
senior division in general studies, or 

(ii) Primary Education, Junior Educa- 
tion, and Intermediate Education, the 
candidate's Ontario Teacher's Qualifi- 
cations Record Card has an entry for 
the area of concentration for the cor- 
responding division; and 

(b) has successfully completed the approved 
program for the first session of a course 
leading to an additional qualification in 
a subject listed in Schedule E, 

the Minister may have entered upon the candidate's 
Ontario Teacher's Qualifications Record Card the 
Part I qualification in such subject. O. Reg. 407/78, 
s. 31; O. Reg. 97/79, s. 6; O. Reg. 557/80, s. 23. 

32. Where the principal of the second session of a 
three-session course, or the dean of a college or 
faculty of education or the director of a school of 
education in Ontario reports to the Deputy Minister 
that a candidate, 

(a) holds or is deemed to hold an Ontario 
Teacher's Certificate; 

(b) has successfully completed the first session, 
or the equivalent thereof, of a course lead- 
ing to an additional qualification in a 
subject listed in Schedule E; and 

(c) has successfully completed the approved 
program for the second session of such 
course, 

the Minister may have entered upon the candidate's 
Ontario Teacher's Qualifications Record Card the 
Part II qualification in such subject. O. Reg. 
407/78, s. 32. 

33. Where the principal of the third session of a 
three-session course, or the dean of a college or 
faculty of education or the director of a school of 
education in Ontario reports to the Deputy Minister 
that a candidate, 

(a) -holds or is deemed to hold an Ontario 
Teacher's Certificate; 

(6) has successfully completed the second 
session, or the equivalent thereof, of a 
course leading to an additional qualifica- 
tion in a subject listed in Schedule E ; 

(c) submits evidence of at least two years of 
successful teaching experience in Ontario, 
of which at least one year includes 
experience in such subject, as certified by 
the appropriate supervisory officer; and 

(d) has successfully completed subsequent to 
the experience referred to in clause c the 
approved program for the third session of 
such course, 



the Minister may have entered upon the candidate's 
Ontario Teacher's Qualifications Record Card the 
specialist qualification in such subject. O. Reg. 
407/78, s. 33. 

34. Where the dean of a college or faculty of educa- 
tion or the director of a school of education in Ontario 
or the principal of a course reports that a candidate 
who does not hold an Ontario Teacher's Certificate, 

(a) holds a Permanent Letter of Standing valid in 
Ontario for teaching the deaf only; and 

(b) has otherwise met the requirements of section 
30, 31, 32, 33, 37, 42 or 43, 

the Minister may grant to the candidate a letter indi- 
cating that the candidate holds the appropriate addi- 
tional qualification. O. Reg. 557/80, s. 24. 

35. — (1) A teacher who holds or is deemed to hold 
an Ontario Teacher's Certificate and who, prior to 
the 1st day of October, 1978, began a Master of 
Education program approved by the Minister as 
leading to the Specialist Certificate in Guidance, may 
obtain the specialist qualification in Guidance by 
completing the requirements for such Certificate 
as they existed on the 30th day of June, 1978, and 
the Minister shall, upon submission to the Deputy 
Minister of evidence satisfactory to the Minister 
of the completion of such requirements, have 
entered on such teacher's Ontario Teacher's Quali- 
fications Record Card the specialist qualification in 
Guidance. 

(2) A teacher who holds or is deemed to hold afi 
Ontario Teacher's Certificate and who, prior to the 
1st day of October, 1978, began a Master of Library 
Science program approved by the Minister as leading 
to the Specialist Certificate in Librarianship, may 
obtain the specialist qualification in Librarianship 
by completing the requirements for such Certificate 
as they existed on the 30th day of June, 1978, and 
the Minister shall, upon submission to the Deputy 
Minister of evidence satisfactory to the Minister of 
the completion of such requirements, have entered on 
such teacher's Ontario Teacher's Qualifications 
Record Card the specialist qualification in Librarian- 
ship. O. Reg. 97/79, s. 7. 

36. A teacher who holds a special certificate in 
a subject listed in Schedule D, E or F, or a special 
certificate no longer issued, continues to be qualified 
in accordance with such certificate, and the Minister 
shall have the additional qualification correspond- 
ing to such special certificate recorded on the 
teacher's Ontario Teacher's Qualifications Record 
Card where the teacher holds or is granted an 
Ontario Teacher's Certificate. O. Reg. 407/78, s. 35. 

ONE SESSION HONOUR SPECIALIST COURSE 

37. — (1) Where the dean of a college or faculty 
of education in Ontario reports to the Deputy 
Minister that a candidate for an Honour Specialist 



Reg. 269 



EDUCATION 



185 



qualification in a subject or subjects listed in 
Schedule F, 

(a) holds or is deemed to hold an Ontario 
Teacher's Certificate and the candidate's 
Ontario Teacher's Qualifications Record 
Card has an entry showing qualifications in 
the primary division, the junior division, the 
intermediate division in general studies, or the 
senior division in general studies; and 



(b) holds, 

(i) 



a degree of Bachelor of Arts or 
Bachelor of Science from an Ontario 
university in a program, 

(A) that requires four years of uni- 
versity study, or the equivalent 
thereof, to a total of at least sixty 
university credits, and 

(B) in which the candidate has 
obtained at least second class 
or equivalent standing in the 
subject or subjects in which the 
candidate seeks an Honour 
SpeciaUst qualification, in- 
cluding, in the case of two sub- 
jects, at least forty-two uni- 
versity credits therein and not 
fewer than eighteen university 
credits in each subject or, in the 
case of one subject, at least 
twenty-seven university credits 
therein, or 



(ii) qualifications the Minister considers 
equivalent to the qualifications 
referred to in subclause (i); 

(c) submits evidence of at least two years of 
successful teaching experience in Ontario, 
certified by the appropriate supervisory 
officer, at least one year of which is in 
the subject or one or both of the subjects 
in which the Honour Specialist qualifica- 
tion is sought ; and 

id) has successfully completed subsequent to 
the experience referred to in clause (c) the 
approved program for the Honour Spe- 
cialist qualification in such subject or 
subjects, 

the Minister may have entered upon the candidate's 
Ontario Teacher's Qualifications Record Card the 
Honour Sf>ecialist qualification in such subject or 
subjects. O. Reg. 407/78, s. 36 (1); O. Reg. 97/79, 
s. 8; O. Reg. 557/80, s. 25 (1). 

(2) A university credit that has been used to meet 
the requirements for an Honour Specialist qualifica- 
tion established by clause (1) (b) shall not be used to 
meet the requirements for another Honour Specialist 
qualification. O. Reg. 557/80, s. 25 (2). 



(3) For the purpose of clause (1) (b), a university 
credit in- Anthropology, Psychology or Sociology 
shall be deemed to be a university credit in Man 
in Society. O. Reg. 407/78, s. 36 (2). 

(4) Where the dean of a college or faculty of educa- 
tion in Ontario reports to the Deputy Minister that a 
candidate for the Honour Technological Studies 
Specialist qualification, 

(a) holds or is deemed to hold an Ontario 
Teacher's Certificate; 

{b) has entries on his Ontario Teacher's Quali- 
fications Record Card indicating qualifica- 
tions in at least three of the subjects 
listed in Schedule C including at least one 
at both the basic and the advanced level; 

(c) submits evidence of at least two years of 
successful teaching experience in tech- 
nological studies in Ontario, certified by 
the appropriate supervisory officer; 

id) holds a Secondary School Honour Graduation 
Diploma or has successfully completed the 
equivalent of one year's full-time study in a 
program in respect of which a Secondary 
School Graduation Diploma or its equivalent 
is required for admission; and 

(e) has successfully completed subsequent to 
the experience referred to in clause (c) the 
approved program for the Honour Tech- 
nological Studies Specialist qualification, 

the Minister may have entered upon the candidate's 
Ontario Teacher's Qualifications Record Card the 
Honour Technological Studies Specialist qualifica- 
tion. O. Reg. 407/78, s. 36 (3); O. Reg. 16/80, s. 4. 

38. — (1) Where a teacher who completed prior to 
the 1st day of September, 1979 the first session of 
a two-session course leading to an Interim Vocational 
Certificate, Type A or an Interim Occupational 
Certificate, Type A completes the requirements for 
such certificate as they existed on the 30th day of 
June, 1978, the Minister may have entered on the 
teacher's Ontario Teacher's Qualifications Record 
Card the appropriate qualification. O. Reg. 97/79, 
s. 9. 

(2) Where a teacher who, 

(a) held an Interim High School Assistant's Cer- 
tificate, Type A on the 1st day of July, 1978; 
or 

{b) completed at a college or faculty of education 
in Ontario prior to the 1st day of July, 1979 
the requirements for such certificate as they 
existed immediately before the 1st day of 
July, 1978, 

completes the requirements for the High School 
Specialist Certificate as they existed immediately 



186 



EDUCATION 



Reg. 269 



before the 1st day of July, 1978, the Minister may have 
entered on the teacher's Ontario Teacher's Qualifica- 
tions Record Card the appropriate Honours Specialist 
qualification. O. Reg. 407/78, s. 37 (2). 



principal's qualifications 

39. — (1) The course leading to principal's qualifi- 
cations shall consist of two one-session courses, 
one in Program Development and Implementation 
and one in Program Supervision and Assessment. 

(2) A teacher whose Ontario Teacher's Quali- 
fications Record Card has the entry for the Pro- 
gram Supervision and Assessment qualification 
holds principal's qualifications. O. Reg. 407/78, 
s. 38. 

40. An applicant for admission to a course leading 
to the Program Development and Implementation 
qualification shall, 

(a) hold or be deemed to hold an Ontario 
Teacher's Certificate ; 

(6) hold concentrations in three divisions 
including the intermediate division, as 
indicated on the applicant's Ontario Teach- 
er's Qualifications Record Card; 

(c) provide evidence of five years of successful 
teaching experience in Ontario, certified by 
the appropriate supervisory officer; and 

{d) hold or provide evidence of one of, 

(i) a Specialist or Honours Specialist 
qualification as indicated on the 
applicant's Ontario Teacher's Quali- 
fications Record Card, 

(ii) a Master's Degree or Doctorate 
that is acceptable to the Minister, 

(iii) successful completion of such num- 
ber of post-graduate courses accept- 
able to the Minister as is equivalent 
to the number of post-graduate 
courses that are required to qualify 
for a Master's Degree, or 

(iv) an area of concentration in a fourth 
division as indicated on the appli- 
cant's Ontario Teacher's Qualifica- 
tions Record Card and an additional 
five years of successful teaching 
experience beyond that required 
by clause (c). O. Reg. 407/78, s. 39; 
O. Reg. 557/80, s. 26. 

41. An applicant for admission to a course lead- 
ing to the Program Supervision and Assessment 



qualification shall have an entry on his Ontario 
Teacher's Qualifications Record Card indicating 
that the applicant holds the Program Development 
and Implementation qualification. O. Reg. 407/78, 
s. 40. 

42. Where the principal of a course leading to the 
Program Development and Implementation quali- 
fication reports to the Deputy Minister that a candi- 
date holds the admission requirements set forth in 
section 40 and has successfully completed the course, 
the Minister may have entered on the candidate's 
Ontario Teacher's Qualifications Record Card the 
Program Development and Implementation quali- 
fication. O. Reg. 97/79, s. 10. 

43. Where the principal of a course leading to the 
Program Supervision and Assessment qualification 
reports to the Deputy Minister that a candidate 
holds the admission requirements set forth in section 
41 or 47 and has successfully completed the course, 
the Minister may have entered on the candidate's 
Ontario Teacher's Qualifications Record Card the 
Program Supervision and Assessment qualification. 
O. Reg. 97/79, s. 11. 

44. Where the principal of a Principal's Refresher 
Course reports to the Deputy Minister that a candi- 
date, 

(a) holds principal's qualifications; 

{b) has two years of successful experience as 
a principal as certified by the appropriate 
supervisory officer; and 

(f) has successfully completed the Course, 

the Minister may have entered on the candidate's 
Ontario Teacher's Qualifications Record Card the 
Principal's Refresher Course qualification. O. Reg. 
407/78. s. 43. 

45. A teacher who holds a High School Principal's 
Certificate, an Elementary School Principal's Certifi- 
cate, a Secondary School Principal's Certificate, Type 
B, a Secondary School Principal's Certificate, Type A, 
a Secondary School Principal's Certificate or a Voca- 
tional School Principal's Certificate, whether such cer- 
tificate is an interim certificate or a permanent certifi- 
cate, remains qualified within the limitations of the 
certificate that he holds except that the interim qualifi- 
cation will not lapse after the five-year period of 
validity, and such qualification shall be shown on his 
Ontario Teacher's Qualifications Record Card. 
O. Reg. 557/80, s. 27. 

46. A teacher who holds an Elementary School 
Inspector's Certificate shall be deemed to hold an 
Elementary School Principal's Certificate. O. Reg. 
407/78, s. 45. 

47. Notwithstanding section 41, a teacher who 
holds or who is deemed to hold an interim or 
permanent Elementary School Principal's Certificate, 
or who holds an interim or permanent Secondary 



Reg. 269 



EDUCATION 



187 



School Principal's Certificate, Type B, an interim 
or permanent Vocational School Principal's Certifi- 
cate, an interim Secondary School Principal's Certifi- 
cate, or an interim Secondary School Principal's 
Certificate, Type A, may be admitted to the course 
leading to the Program Supervision and Assessment 
qualification. O. Reg. 97/79, s. 13. 

48. — (1) Where a teacher held an interim Elementary 
School Principal's Certificate, an interim Secondary 
School Principal's Certificate, Type B, or an interim 
Secondan.' School Principal's Certificate, Type A, on 
the 1st day of July, 1978 and completes the require- 
ments for the permanent certificate that corresponds 
thereto as they existed immediately before the 1st day 
of July, 1978, the Minister shall have entered on the 
teacher's Ontario Teacher's Qualifications Record 
Card the appropriate qualification. O. Reg. 407/78, 
s. 47 (1). 

(2) A teacher who holds a permanent Secondary 
School Principal's Certificate, Type A or a permanent 
Secondary School Principal's Certificate is deemed 
to hold principal's qualifications. O. Reg. 97/79, 
s. 14. 



Part III 

LETTERS OF PERMISSION 

49. Where the director of education or secretary 
of a board submits to the appropriate Regional 
Director of Education of the Ministry in duplicate 
an application in Form 7 or la together with 
evidence that, 

(a) the board has advertised at least three 
times, stating the salary, in a daily news- 
paper having provincial circulation in 
Ontario a position for which a teacher is 
required under the regulations; 

(6) where employment is for a period com- 
mencing the first school day in September 
and continuing at least until the 31st day 
of December, at least one such advertise- 
ment appeared after the 1st day of 
August preceding such period; 



(f) where employment is for a period com- 
mencing the 1st school day in January 
and continuing until the end of the school 
year, at least one such advertisement 
appeared after the 31st day of October pre- 
ceding such period; and 

{d) seven days have passed since the date of 
the final advertisement, and no teacher 
has applied for the position or no teacher 
who has applied for the position has 
accepted it, 

the Minister may grant to the board a Letter of 
Permission valid for the period specified therein 
which period shall not exceed one school year. 
O. Reg. 407/78, s. 48. 

Part IV 

TEMPORARY LETTERS OF APPROVAL 

50. Where the director of education or secretary 
of a board submits to the appropriate Regional 
Director of Education of the Ministry in duplicate 
an application in Form 8 or 8a certifying that, 

(o) a board finds it necessary to assign or appoint 
a teacher to teach a subject or hold a position 
who does not hold the additional qualification 
required under the regulations for teaching 
the subject or holding the position; and 

(b) the teacher in respect of whom application 
is made for a Temporary Letter of Approval, 

(i) holds or is deemed to hold an 
Ontario Teacher's Certificate or a 
Letter of Standing, and 

(ii) is considered competent to carry 
out the assignment for which the 
additional qualification is required 
under the regulations, 

the Minister may grant to the board the Temporary 
Letter of Approval for a period stated therein that 
does not exceed one school year or extend beyond 
the end of a school year. O. Reg. 407/78, s. 49; O. 
Reg. 557/80, s. 28. 



188 EDUCATION Reg. 269 

SCHEDULE A 

Intermediate and Senior Division Options 

taken in English or French 

Business Education - Accounting 

Business Education - Data Processing 

Business Education - Marketing & Merchandising 

Business Education - Secretarial 

Classical Studies - Greek 

Classical Studies - Latin 

Computer Science 

Dramatic Arts 

Economics 

English (First language) 

English (Second language) anglais 

Environmental Science 

French (Second language) 

French (First language) - frangais 

Geography 

German 

History 

Home Economics 

Industrial Arts 

Italian 

Man in Society 

Mathematics 

Music - Instrumental 

Music - Vocal 

Political Science 

Physical and Health Education 

Russian 

Science - General 

Science - Biology 

Science - Chemistry 

Science - Geology 

Science - Physics 

Spanish 

Visual Arts 

O. Reg. 407/78, Sched. A; O. Reg. 557/80, s. 29. 



SCHEDULE B 

Intermediate and Senior Division Options 

taken in English or French 

English as a Second Language 

French as a Second Language 

Guidance 

Librarianship 

Media 

Reading 

Special Education 



O. Reg. 407/78, Sched. B. 



Reg. 269 



EDUCATION 



189 



SCHEDULE C 
Technological Studies Options 
taken in English or French 



BASIC LEVEL 



Business 

Clerical Practice 

Merchandising 

Warehousing 

Construction 

Building Maintenance 
Painting & Decorating 
Plumbing 

Refrigeration, Air 
Conditioning & Heating 

Trowel Trades 



Woodwork 



ADVANCED LEVEL 

Business 

Clerical Practice 

Merchandising 

Warehousing 

Construction 

Building Maintenance 

Painting & Decorating 

Plumbing 

Refrigeration 

Air Conditioning 

Heating & Ventilation 

Plaster 

Concrete 

Masonry 

Carpentry 

Cabinet Making 



Electrical 

Electricity 

Electronics 



Food Services 
Food Services 



Graphics 
Drafting 



Graphic Arts 

Vocational Art 

Horticulture 

Horticulture - General 

Manufacturing 

Foundry Practice 

Machine Shop 

Power Transmission & Control 

Sheet Metal 

Welding 



Electrical 

Electricity - Installation 

& Maintenance 
Electricity - Theory & Test 
Electronics - Computer 
Electronics - General 

Food Services 

Baking Food Services 
Commercial Food Services 
Domestic Food Services 

Graphics 

Architectural Drafting 
Mechanical Drafting 
Systems Drafting 
Printing 
Photography 
Vocational Art 

Horticulture 

Horticulture - General 

Manufacturing 
Casting 
Patternmaking 
Machine Shop 
Industrial Physics 
Sheet Metal 
V7elding 



Materials, Processes & Design 
Industrial Arts 
Project Design 



Materials, Processes & Design 
Industrial Arts 
Project Design 



190 



EDUCATION 



Reg. 269 



Music 
Music 



Natural Resources 

Natural Resource Management 



Music 

Music - Instrumental 
Music - Vocal 

Natural Resources 

Natural Resource Management 



Personal Services 
Cosmetology 
Home & Fairtily Care 
Hospital Services 

Textiles 

Textile Maintenance 
Textiles & Clothing 
Upholstery 

Transportation 
Aircraft 
Auto Body 
Automotive 
Small Engines 



Personal Services 
Cosmetology 
Home & Family Care 
Hospital Services 

Textiles 

Textile Maintenance 
Textiles & Clothing 
Upholstery 

Transportation 
Aircraft 
Auto Body 
Automotive 
Small Engines 



O. Reg. 407/78, Sched. C. 



SCHEDULE D 
One Session Qualifications 
taken in English or French 



Associate Teacher 



Childhood Education 

Childhood Education in Great Britain 

Community School Development 

Driver Education Instructor 

Integrated Arts 

Law 



Preschool Deaf Education 

Teaching Children with Language Difficulties - Aphasia 

Teacher of Cree 

Teacher of Mohawk 

Teacher of Native Children 

Teacher of Ojibway 

O. Reg. 407/78, Sched. D; O. Reg. 16/80, s. 5; O. Reg. 557/80, s. 30. 



SCHEDULE E 
Three Session Qualifications 
taken in English or French 

Business Education - Accounting 

Business Education - Data Processing 

Business Education - Marketing & Merchandising 

Business Education - Secretarial 

Dramatic Arts 

English as a Second Language 

Environmental Science 

French as a Second Language 



Reg. 269 EDUCATION 191 

Guidance 

Home Economics 

Indus.tr ial Arts 

Intermediate Education 

Junior Education 

Librarianship 

Media 

Multiculturalism in Education 

Music - Instrumental 

Music - Vocal (Primary, Junior) 

Music - Vocal (Intermediate, Senior) 

Physical and Health Education (Primary, Junior) 

Physical and Health Education (Intermediate, Senior) 

Primary Education 

Reading 

Religious Education 

Special Education 

The Blind 

The Deaf 

The Deaf/Blind 

Visual Arts 



O. Reg. 407/78, Sched. E. 



SCHEDULE F 

Honour Specialist Qualifications 

taken in English or French 



Biology 

Business Education 

Chemistry 

Computer Science 

Dramatic Arts 

Economics 

English (First language) 

English (Second language) - anglais 

Environmental Science 

French (Second language) 

French (First language) - frangais 

Geography 

Geology 

German 

Greek 

History 

Home Economics 

Italian 

Latin 

Man in Society 

Mathematics 

Music 

Physical and Health Education 

Physics 

Political Science 

Russian 

Science 

Spanish 

Visual Arts 



O. Reg. 407/78, Sched. F; O. Reg. 97/79, s. 15. 



192 



EDUCATION 



Reg. 269 



FORM 1 
Education Act 

ONTARIO TEACHER'S CERTIFICATE 
BREVET D ' ENSEIGNEMENT DE L' ONTARIO 



THIS IS TO CERTIFY THAT 



NOUS, SOUSSIGNES, CERTIFIONS QUE 



Ncune in full 

having complied with the 
regulations made under the 
Education Act , is hereby 
granted an 



nom en toutes lettres 

ayant satisfait aux exigences 
des r^glements €tablis selon 
la loi sur 1' Education revolt 
par la pr^sente un 



ONTARIO TEACHER'S CERTIFICATE 
BREVET D ' ENSEIGNEMENT DE L' ONTARIO 



valid in the schools of 
Ontario in accordance with 
the regulations made under 
the Education Act. 



valable dans les ecoles de 
1* Ontario d'apres les 
rdglements etablis selon la 
Loi sur 1' education. 



Number 
Num6ro 



Dated at Toronto this 
Fait h. Toronto, ce 



day of 

jour du mois de 



19.... 



DEPUTY MINISTER LE SOUS-MINISTRE 



MINISTER OF 
EDUCATION 



LE MINISTRE DE 

L' Education 



O. Reg. 407/78, Form 1. 



Reg. 269 EDUCATION 193 

FORM 2 
Education Act 

ONTARIO TEACHER'S QUALIFICATIONS RECORD CARD 
CARTE DES QUALIFICATIONS DE L'ENSEIGNANT DE L' ONTARIO 

Issued to: S.I.N. 

Delivrie S N.A.S 



Date Degree (s) Date of Birth 

Grade (s) Date de naissance 



DEPUTY MINISTER LE SOUS-MINISTRE MINISTER OF LE ^;INISTRE DE 

EDUCATION L' EDUCATION 



BASIC QUALIFICATIONS ADDITIONAL QUALIFICATIONS 

QUALIFICATIONS DE BASE QUALIFICATIONS ADDITIONNELLES 

Institution Attended Year Year 

Etablissement fr§quent6 Annie Qualifications AnnSe 



Areas of Concentration 
Secteurs de concentration 

Year 
Initial Annie 



Additional Year 

Additionnel Annie 



O. Reg. 407/78, Form 2. 



194 



EDUCATION 



Reg. 269 



FORM 3 
Education Act 

TEMPORARY LETTER OF STANDING 
for 

(Name in full) 



(Canadian Citizen or Permanent Resident) 



In consideration of your academic or technological 
and professional training you are hereby granted a Temporary 

Letter of Standing valid until / for 

teaching in Ontario in schools and classes where English 
is the language of instruction. 

Professional education has been received in 



NUMBER 



DATE OF ISSUE 



DEPUTY MINISTER 



MINISTER OF 
EDUCATION 



O. Reg. 557/80, s. 31. 



Reg. 269 



EDUCATION 



195 



Form 3a 

LOI SUR L' EDUCATION 
ATTESTATION TEMPORAIRE DE COMPETENCE 
decern^e a 

(Norn au complet) 
(citoyen canadien ou resident permanent) 



Vu votre formation scolaire ou technologique et 
professionnelle , vous recevez par la presente une ATTES- 
TATION TEMPORAIRE DE COMPETENCE valide jusqu'au 

, vous autorisant a enseigner en Ontario 

dans les ecoles et les classes de langue fran^aise insti- 
tuees en vertu de la loi sur 1' education, partie XI. 

La formation professionnelle fut completee 



NUMI^RO 



DATE 



LE SOUS-MINISTRE 



LE MINISTRE DE 

L • Education 



O. Reg. 557/80, s. 2>2. 



196 EDUCATION Reg. 269 

FORM 4 
Education Act 
PROVISIONAL LETTER OF STANDING 
THIS IS TO CERTIFY THAT 



having complied with the regulations made under the Education 
Act, is hereby granted a PROVISIONAL LETTER OF STANDING valid 

until for teaching in 

Ontario in schools and classes where English is the language 
of instruction. 

Professional education has been received in 



Number 

Dated at Toronto this day 

of , 19 .. . 



DEPUTY MINISTER MINISTER OF EDUCATION 

RENEWAL MINISTER OF EDUCATION 

1 

O. Reg. 557/80, s. 33. 



Reg. 269 EDUCATION 197 

Form 4a 

LOT SUR L' EDUCATION 

ATTESTATION PROVISOIRE DE COMPETENCE 

NOUS, SOUSSIGNES, CERTIFIONS QUE 

t 

ayant satisfait aux exigences des reglements ^tablis selon 
la Loi sur 1' education, re9oit par la presente une 

ATTESTATION PROVISOIRE DE COMPETENCE valide jusqu'au 

• pour enseigner en Ontario dans les 

^coles et les classes de langue fran9aise institutes en 
vertu de la Loi sur 1* Education, partie XI, 

La formation professionnelle fut compl§t^e 

Num^ro 

Fait a Toronto ce jour du 

mois de 19 . . . 

LE SOUS-MINISTRE LE MINISTRE DE 

L'EfDUCATION 



RENOUVELLEMENT 



LE ^MINISTRE DE 
L ' EDUCATION 



1. 



O. Reg. 557/80, s. 34. 



198 EDUCATION Reg. 269 

FORM 5 
Education Act 
LETTER OF ELIGIBILITY 

TO 



(Name) 



In consideration of your academic and professional 
education, you are hereby issued a LETTER OF ELIGIBILITY valid 

for one year under section ^of the Ontario Teacher's 

15 (Dor 16 
Qualifications Regulation. When you have conformed with the re- 
quirements of section , you will qualify 

15 (2)or 17 
for a Temporary Letter of Standing. 



Dated at Toronto this day 

of 19... 



DIRECTOR 

TEACHER EDUCATION BRANCH 



Statement of Board Supervisory Officer 

This is to certify that the holder of this Letter of EligibiHty has been 

(Name) 

offered a position as a teacher with for the school year 

(Name of Board) 
subject to the granting of a Temporary Letter of Standing; and further, that the applicant has adequate 
fluency in the use of the English language to carry out the duties and responsibilities of a teacher. 

Dated at this day of 19 

Supervisory Officer 



Position 
O. Reg. 407/78, Form 5; O. Reg. 97/79, s. 16. 



Reg. 269 EDUCATION ]22. 

FORM 5a 
LOI SUR L' EDUCATION 

ATTESTATION D ' ADMISSIBILITE 
d^cernie a 



(nom) 

Consid^rant votre formation scolaire et professionnelle, 

nous vous d^cernons la pr6sente ATTESTATION D' ADMISSIBILITE 

valable pour un an, en vertu de 1' article du 

15 (1) ou 16 

r^glement sur les qualifications de I'enseignant de 1' Ontario. 

Lorsque vous aurez satisfait aux exigences de 1' article 

, vous serez apte a recevoir une attestation 

15 (2) ou 17 

temper aire de competence. 

Fait a Toronto ce jour du mois 19 . 



Directeur 

Direction de la formation 

des enseignants 



Declaration de I'agent de supervision du conseil scolaire 

Je, soussign^, certifie que titulaire de cette attestation 

(nom) 

d'admissibilit6, a re9u une offre d'emploi comme enseignant au conseil scolaire 



pour I'annte scolaire sous rfeerve qu'il obtienne une attestation temporaire de comf)etence ; 

je certifie de plus que le candidate possede une bonne maitrise du fran^ais pour satisfaire aux t&ches et 
aux exigences de sa profession d'enseignant. 

Fait k ce jour du mois de 19 

Agent de supervision 

Poste 
O. Reg. 407/78. Form 5a; O. Reg. 97/79, s. 17. 



200 EDUCATION Reg. 269 

FORM 6 

Education Act 

PEPKANENT LETTER OF STANDING 



THIS IS TO CERTIFY THAT 



(Name) 

having complied with the regulations made under the Education 
Act, is hereby granted a PERMANENT LETTER OF STANDING valid 
for the Teaching of the 



in Ontario , 

Deaf or Trainable Retarded 



Number 



Dated at Toronto this day 

of 19 ... . 



DEPUTY MINISTER MINISTER 

OF EDUCATION 



O. Reg. 407/78, Form 6. 



Reg. 269 EDUCATION 201 

FORM 6a 

LOT suR L' Education 

ATTESTATION PERMANENTE DE COMPETENCE 
NOUS, SOUSSIGNES, CERTIFIONS QUE 



(nom) 



ayant satisfait aux exigences des reglements etciblis selon 

la Loi sur 1' education, reyoit par la presente une ATTESTATION 

PERMANENTE DE COMPETENCE pour enseigner 



aux en Ontario. 

61§ves sourds ou d^biles moyens 



Num^ro 

Fait ^ Toronto ce jour du 

mois de 19... 



LE SOUS-MINISTRE LE MINISTRE 

DE L' EDUCATION 



O. Reg. 407/78, Form 6a. 



202 EDUCATION Reg. 269 

FORM 7 
Education Act 

APPLICATION FOR LETTER OF PERMISSION 



To the Regional Director of Education of the Ministry: 



On behalf of , 

name of board 



A LETTER OF PERMISSION is requested to employ 



name in full 

Social Insurance Number 

Status in Canada (citizen or permanent resident) 

as a teacher of the divisions 

at school . 

from 19... to 19... 

I certify and attach evidence that the board has complied 
with section 49 of the Ontario Teacher's Qualification Regulation, 
including a copy of the most recent advertisement of the position 
for which the Letter of Permission is required. 



Date 

Director of Education or 
Secretary of the Board 



LETTER OF PERMISSION IS HEREBY GRANTED 



Date 

Regional Director of Education 



O. Reg. 407/78, Form 7. 



Reg. 269 EDUCATION 203 

FORM 7a 
LOT SUR L' EDUCATION 

DEMANDE DE PERMISSION INTERIMAIRE 



Au directeur regional de 1' Education du ministfere; 



Au nom du 

(nom du conseil scolaire) 



UNE PERMISSION INTERir^AIRE est demand^e pour I'emploi de 



nom en toutes lettres 



Num^ro d ' assurance sociale 

Statut au Canada (citoyen ou resident permanent) 

en quality d'enseignant aux cycles 

a 1 • gcole 



du 19... au 19... 

Je certifie et joins la preuve que le conseil scolaire a 
satisfait a 1' article 49 du reglement sur les qualifications 
de I'enseignant de 1 'Ontario. Veuillez trouver ci-jointe une 
copie de I'annonce publicitaire la plus recente off rant la 
position pour laquelle on demande une permission interimaire. 

Date ^ 

Le directeur de 1' Education 
ou le secretaire du conseil 
scolaire 



PERMISSION INTERIMAIRE ACCORDEE PAR LA PRESENTS. 
Date 



Le directeur regional 
de 1 • Education 



O. Reg. 407/78, Form la. 



204 EDUCATION Reg. 269 

FORM 8 
Education Act 
APPLICATION FOR TEMPORARY LETTER OF APPROVAL 

To the Regional Director of Education of the Ministry: 

On behalf of 

( name of board ) 

A TEMPORARY LETTER OF APPROVAL is requested to employ 



( name in full) 

Social Insurance Number 

Basic Certification 

as a 

(teacher, principal, etc.) 
of 

('subject, division, school) 

from 19.. to 19.. 

Date Date 

I certify that the Board finds it necessary to 
appoint or assign the above-named teacher who does not hold 
the additional qualifications reauired by the regulations 
for the position, and that the teacher named herein is com- 
petent to carry out the duties of such position. 

Date 

Director of Education or 
Secretary of the Board 



TEMPORARY LETTER OF APPROVAL IS HEREBY GRANTED. 
Date 



Regional Director of 
Education 



O. Reg. 557/80, s. 35. 



Reg. 269 EDUCATION 205 

Form 80 

Loi suR L' Education 

DEMANDS D' APPROBATION TEMPORAIRE 

Au directeur regional de 1' Education du ministere; 

Au nom du 

^ nom du conseil scolaire) 

UNE APPROBATION TEMPORAIRE est demandee pour I'emploi de 



(nom au complet) 

Numero d ' assurance sociale 

Brevet de base 

En qualite de 



(enseignant, directeur d'^cole, etc.^ 

de 

(matiere, cycle, ecole ) 

du 19... au 19... 

Je certifie que le conseil scolaire estime necessaire de 
nommer ou d'affecter a ce poste 1' enseignant susnomme qui ne 
possede pas les qualifications additionnelles exigees pour ce 
poste par les reglements et que cet enseignant possede la 
competence voulue pour en exercer les fonctions. 



Date , 

Le directeur de 1' Education 
ou le secr6taire du conseil 
scolaire 



LETTRE D' APPROBATION TEMPORAIRE ACCORDEE PAR LA PRESENTE. 



Date 

Le ^directeur regional de 
1 'Education 



O. Reg. 557/80, s. 36. 



* 



Reg. 270 



EDUCATION 



207 



REGULATION 270 



under the Kdiication Act 



PRACTICE AND PROCEDURE— BOARDS OF 
REFERENCE 

1. In this Regulation, 

(a) "applicant" means a person in respect of 
whose application the Minister has granted 
a Board ; 

ib) "Board" means a Board of Reference that is 
granted by the Minister under section 241 of 
the Act; 

(f) "reference" means proceedings before a 
Board; and 

(d) "respondent" means a party to a reference 
other than the applicant. O. Reg. 519/75, 
s. 1. 

2. The parties to a reference shall be, 

(a) where a board is the applicant, the board 
and the teacher who terminated his con- 
tract ; and 

(b) where a teacher is the applicant, the 
teacher and the board that dismissed the 
teacher or terminated his contract. 
O. Reg. 519/75, s. 2. 

3. Except as provided by section 7, the minimum 
rules for proceedings provided in Part I of the Statut- 
ory Powers Procedure Act, apply to a reference. 
O. Reg. 519/75, s. 3. 

4. The chairman of the Board shall cause three 
reference books to be prepared from the docu- 
ments filed with him under section 5. O. Reg. 
519/75, s. 4. 

5. — (1) Where a teacher is the applicant, the 
teacher shall file with the chairman of the Board 
three copies of each of, 

(a) the contract of the teacher with the board 
where the teacher holds a copy of the 
contract, or an affidavit that the teacher 
does not hold a copy of the contract ; 

(6) the notice of dismissal or termination of 
contract ; 

(c) the statement of the disagreement with the 
dismissal or termination of contract as sent 
to the Minister ; 



(d) the notice from the Minister that he has 
directed a judge to act as chairman of the 
Board; and 

(e) the notice of the nomination by the 
teacher of a representative to the Board. 

(2) Where a teacher is the applicant, the board 
shall file with the chairman of the Board three 
copies of each of, 

(a) the contract of the teacher with the 
board ; 

(b) the resolution, if any, of the board dis- 
missing the teacher or terminating his 
contract ; 

(c) the copy of the application for a Board 
provided by the applicant ; 

(d) the notice of the application for a Board 
provided by the Minister; 

(e) the notice from the Minister that he has 
directed a judge to act as chairman of 
the Board ; and 

(/) the notice of the nomination by the 
board of a representative to the Board. 

(3) The Minister shall cause to be filed with the 
chairman of the Board three copies of each of, 

(a) the application for a Board ; 

(b) the notice of the application for a Board 
sent to the respondent ; and 

(c) the Order-in-Council authorizing the judge 
to act as chairman of the Board. 

(4) Where a board is the applicant, the teacher 
shall file with the chairman of the Board three 
copies of each of, 

(a) the contract of the teacher with the board 
where the teacher holds a copy of the 
contract, or an affidavit that the teacher 
does not hold a copy of the contract ; 

(6) the copy of the application for a Board 
provided by the applicant ; 

(c) the notice of the application for a Board 
provided by the Minister; 



208 



EDUCATION 



Reg. 270 



(d) the notice from the Minister that he has 
directed a judge to act as chairman of the 
Board ; and 

{e) the notice of the nomination by the teacher 
of a representative to the Board. 

(5) Where a board is the applicant, the board 
shall file with' the chairman of the Board three 
copies of each of, 

(a) the contract of the teacher with the board; 

(b) the notice of termination of contract; 

(c) the statement of the disagreement with 
the termination of the contract as sent to 
the Minister; 

(d) the notice from the Minister that he has 
directed a judge to act as chairman of the 
Board ; and 

(e) the notice of the nomination by the board 
of a representative to the Board. 

(6) The documents to be filed with the chairman 
under this section shall be filed with him not less 
than three days before the day upon which the 
hearing is to begin. 

(7) A copy of the documents filed with the 
chairman by an applicant shall be served by the 
applicant upon the respondent and a copy of the 
documents filed with the chairman by a respondent 
shall be served by the respondent upon the 
applicant, and such service shall be made by per- 
sonal service or by registered mail upon the party 
or upon the solicitor of the party to be served and 
shall be made not less than three days before the 
day upon which the hearing is to begin. 

(8) A reference shall not be defeated by any 
error or omission in the supply of the documents 
referred to in this section, but the chairman may 
require any such error or omission to be corrected 
upon such terms as to adjournment, costs and 
otherwise as he may determine. O. Reg. 519/75, 
s. 5. 

6. — (1) At a reference, the respondent shall begin 
and at the conclusion of the case for the respondent, 

(a) where the applicant states his intention 
not to adduce evidence and he has not 
adduced evidence, the respondent has the 
right to sum up the evidence and the 
applicant has the right to reply; and 

{b) where the applicant wishes to adduce 
evidence, the applicant has the right to 
open his case and after the conclusion 
of such opening to adduce evidence and, 
when all the evidence is concluded, to 



sum up the evidence, and the respondent 
has the right to reply. 

(2) Where a party to a reference is represented 
by counsel or an agent, a right conferred upon -the 
party by subsection (1) may be exercised by his counsel 
or agent at the option of the party. 

(3) Where, for any reason, a party to a reference 
omits or fails to adduce evidence that is material 
to his case, the Board, at the request of such 
party made prior to the giving of the direction of 
the Board, may permit the party to adduce such 
evidence upori such conditions in respect of cross- 
examination, introduction of rebuttal evidence, 
reply, costs and any other matters as the chairman 
may direct. O. Reg. 519/75, s. 6. 

7. Notwithstanding section 15 of the Statutory 
Powers Procedure Act, the findings of fact of the 
Board shall be based exclusively on evidence admis- 
sible under the law of evidence and on matters of 
which notice may be taken under section 16 of that 
Act. O. Reg. 519/75, s. 7. 

8. — (1) The evidence before a Board shall be 
recorded by a person approved and appointed by 
the chairman of the Board and who, before acting, 
shall make an oath or affirmation that he will truly 
and faithfully record the evidence to the best of 
his abilities. 

(2) It is not necessary to transcribe the evidence 
recorded at a reference unless, 

(a) the chairman orders that it be done, in 
which case the costs thereof shall be 
included in the costs of the reference; or 

(b) a party to the reference requests that it 
be done and pays the costs of the prepara- 
tion of the transcript. 

(3) Where evidence at a reference is transcribed, 
the transcript shall be accompanied by an affidavit 
or affirmation of the person recording the evidence 
that it is a true report of the evidence. O. Reg. 
519/75, s. 8. 

9. A reference shall be conducted, and the 
report and direction of the Board shall be, in the 
English language, except where the Board and the 
parties to the reference agree that the reference 
be conducted in the French language, in which 
case the report and direction of the Board may, at 
the option of the Board, be in the French language. 
O. Reg. 519/75. s. 9. 

10. — (1) The chairman may, and if required by a 
party to the reference shall, appoint a person to 
act as an interpreter at the reference, and such 
person before acting shall make an oath or affirma- 
tion that he will truly and faithfully translate the 
evidence to the best of his abilities. 



Reg. 270 



EDUCATION 



209 



(2) The costs of an interpreter shall be included 
in the costs of the reference. O. Reg. 519/75, s. 10. 

11. — (1) An application for judicial review of a 
decision of the Board operates as a stay in the 
reference. 

(2) Where an application for judicial review of a 
decision of the Board is made where the reference 
was conducted in the French language, the decision 
of the Board and the reasons therefor, where 
reasons have been given, and the transcript, 
if any, of the oral evidence given at the hearing, 
shall be translated into the English language, and 
the costs thereof shall be included in the costs 
of the reference. O. Reg. 519/75, s. 11. 

12. A member of a Board who participates in a 
decision of the Board shall have been present 
throughout the reference. O. Reg. 519/75, s. 12. 

13. — (1) The remuneration of members of a 
Board other than the chairman shall not be less 
than $85 per day or greater than $150 per day. 

(2) In addition to the remuneration under sub- 
section (1), a member of a Board is entitled to his 
actual travelling and living expenses incurred while 
engaged in his duties as a member of the Board. 

(3) Counsel fees, interpreter fees, fees in respect 
of the recording and transcribing of the evidence, 
allowances to court attendants and other costs 
incurred in respect of a reference shall be at the 
rate for such fees, allowances and costs in matters 
before a county or district court. O. Reg. 519/75, 
s. 13. 

14. A party to a reference who desires to call 
as a witness an opposite party may either request 



the Board to summons him or give him or his 
solicitor at least five days notice of the intention 
to examine him as a witness, paying at the same 
time the amount proper for conduct money, and, 
if such opposite party does not attend on such 
summons or notice, the reference may be postponed 
at the direction of the chairman of the Board. 
O. Reg. 519/75, s. 14. 

15. The chairman of the Board may, where it 
appears necessary for the purposes of the reference, 
make an order for the examination on oath or 
affirmation before any person and at any place 
of a person who has knowledge respecting the matters 
before the Board and who, because of illness or 
other reasonable cause, is unable to attend the 
reference and may permit such deposition to be 
placed in evidence. O. Reg. 519/75, s. 15. 

16. The chairman of the Board at a reference 
may, 

(a) order a witness who is not a party to the 
reference to be excluded from the reference 
until called to give evidence ; and 

(b) exclude the testimony of any person who 
does not comply with an order made under 
clause (a). O. Reg. 519/75, s. 16. 

17. A record of a reference compiled by a 
Board shall be forwarded as soon as practicable 
by the chairman of the Board to the Minister, 
and such record shall be retained by the Minister 
for a period of at least two years after which time 
they may be destroyed without the necessity of 
notice thereof being given to either party to the 
reference. O. Reg. 519/75, s. 17. 



Reg. 271 



EDUCATION 



211 



REGULATION 271 



under the Education Act 



PUPIL RECORDS 



1. — (1) In this Regulation, 

(a) "achievement form' 
achievement form ; 



means a student 



(b) "credit" means recognition granted to a 
pupil by a principal as prima facie evidence 
that the pupil has successfully completed 
a quantity of work that, 

(i) has been specified by the principal 
in accordance with the requirements 
of the Minister, and 

(ii) is acceptable to the Minister as 
partial fulfilment of the require- 
ments for the Secondary School 
Graduation Diploma or the Sec- 
ondary School Honour Graduation 
Diploma, as the case may be ; 

(c) "guardian" includes a person, society or 
corporation that has custody of a pupil ; 

(d) "pupil record" means a record in respect of 
a pupil that is established and maintained 
by the principal of a school in accordance 
with this Regulation ; 

{e) "receiving school" means a school or 
private school to which a pupil transfers 
from a sending school ; 



(/) "record folder' 
record folder ; 



means an Ontario student 



(g) "record of French instruction" means a 
student record of accumulated instruction 
in French as a second language; 

(A) "school" means a school in Ontario operated 
by the Government of Ontario or by a board; 

(j) "secondary school course" means a course at 
the secondar>- school level given at a school 
or private school; and 

(j) "sending school" means, 

(i) a school, or 

(ii) a private school to which a pupil 
record has been transferred. 



from which a pupil transfers to a school 
or private school. O. Reg. 38/73, s. 1 (1); 
O. Reg. 30/76, s. 1 (1); O. Reg. 610/78, s. 1. 



(2) For the purposes of this Regulation, 

(a) a pupil retires from school where 
withdraws from a school except where. 



he 



(i) he withdraws for a temporary period 
with the consent of the principal, or 

(ii) he transfers to another school or to 
a private school to which his pupil 
record, except the index card, is 
transferred ; and 

(b) a pupil retires from a private school where 
he withdraws from the private school 
except where, 

(i) he withdraws for a temporary period 
with the consent of the principal, or 

(ii) he transfers to a school or to another 
private school to which his pupil 
record, except the index card, is 
transferred. O. Reg. 38/73, s. 1 (2). 

(3) For the purposes of this Regulation, an 
educational institution that is operated outside 
Ontario to provide education for pupils whose 
parents or guardians are members of the Canadian 
Forces or employees of the Department of National 
Defence of the Government of Canada shall be 
deemed to be a private school in Ontario that is 
operated by the Government of Canada. O. Reg. 
30/76,s. 1 (2). 

2. A pupil record shall consist of, 

(a) a record folder completed in accordance 
with this Regulation ; 

(b) achievement forms in respect of the pupil 
completed in accordance with this Regu- 
lation ; 

(c) documents, photographs and information 
in writing inserted in the record folder 
with the approval of the principal ; 

(d) an index card referred to in section 6; 
and 

{e) where the pupil is, on or after the 30th 
day of September, 1977, enrolled in a 
program of instruction in French as a 
second language, a record of French instruc- 
tion completed in accordance with this 
Regulation. O. Reg. 38/73, s. 2; O. Reg. 
610/78, s. 2. 



212 



EDUCATION 



Reg. 271 



3. This Regulation does not apply to a record 
established or maintained by the Ministry in 
respect of a pupil enrolled in a correspondence 
course that is distributed and supervised by the 
Ministry. O. Reg. 38/73, s. 3. 

4. — (1) A pupil record shall be established at the 
time of enrolment in respect of each pupil who enrols 
for the first time in school. 

(2) Where a pupil who retired from school prior to 
the establishment of a pupil record in respect of such 
pupil re-enrols in a school for the first time, a pupil 
record shall be established in respect of such pupil at 
the time that he re-enrols, and where such pupil re- 
enrols in a school other than the school in which he 
was enrolled immediately prior to his retirement from 
school, the pupil record established under this subsec- 
tion shall, upon the written requests of the principal of 
the school at which the pupil has re-enrolled, 

(a) be established by the principal of the 
school in which the pupil was enrolled 
immediately prior to his retirement from 
school ; and 

(b) be transferred by the principal establishing 
the record to the principal of the school 
at which the pupil has re-enrolled. 

5. — (1) Where the progress through school of a 
pupil has been recorded in a manner other than in 
accordance with this Regulation and a pupil record is 
required to be established in respect of such pupil 
under subsection 4 (2), the pupil record shall be estab- 
lished by, 

(a) transcribing into or attaching to the record 
folder the items, particulars and summaries 
required for its completion in accordance 
with this Regulation ; 

{b) completing and inserting in the record 
folder such achievement forms as may 
be necessary to record the educational 
achievement of the pupil ; and 

(c) inserting in the record folder such other 
documents, photographs or other infor- 
m.ation in writing that in the opinion of the 
principal should form part of the pupil 
record for the purpose of the improvement 
of instruction of the pupil. 

(2) Where a principal has established a pupil 
record in respect of a pupil, the record of progress 
through school of the pupil and any written infor- 
mation and documents that pertain to the pupil, 
that have not been inserted in the record folder and 
that are not records of attendance of pupils recorded 
in the register supplied by the Minister or recorded 
in such other manner as is approved by the Minister, 
shall be destroyed, 

(a) where the pupil or his parent or guardian 
has examined the pupil record, forthwith; 



(b) where the pupil or his parent or guardian 
has not examined the pupil record, after 
the expiration of six months from the 
establishment of the pupil record. O. Reg. 
38/73, s. 5. 



OFFICE INDEX CARD 

6. — (1) The principal shall establish and maintain 
an index card for each pupil enrolled in the school 
and on such index card shall be recorded, 

(a) the full name of the pupil as recorded on 
the record folder ; 

(b) the sex of the pupil ; 

(c) the social insurance number of the pupil 
where the social insurance number is pro- 
vided by the pupil ; 

{d) the date of birth of the pupil and the 
source of verification thereof; 

(e) the name of the father and mother of the 
pupil or the name of the guardian of the 
pupil where aprplicable ; 

(/) the current address and home telephone 
number of the pupil, and an emergency 
telephone number in respect of the pupil 
where the parent or guardian or the pupil 
provides such a number; 

(g) the date upon which the pupil enrols in 
the school and the date upon which the 
pupil transfers to a receiving school or 
retires from school; 

(h) the name and address of the receiving 
school to which the pupil transfers and the 
date the pupil record in respect of the 
pupil is transferred to such receiving 
school ; 

(/) the address of the pupil at the date he 
transfers from the school or at the date 
the pupil retires from school; and 

ij) the name and address of the school or such 
other means of identification thereof as 
may be sufficient to identify the source of 
the index card. O. Reg. 38/73, s. 6 (1); 
O. Reg. 911/78, s. 1 (1). 

(2) In addition to the information recorded under 
subsection (1), the principal may cause to be recorded 
on the index card, 

(a) current particulars of the professional 
practitioners and advisors of the pupil ; 

(b) the pupil's means of transportation to and 
from school; and 



Reg. 271 



EDUCATION 



213 



(f ) such other information as the principal con- 
siders relevant to assist in locating the pupil 
or in obtaining assistance for the pupil in the 
case of an emergency. O. Reg. 38/73, 
s. 6(2); O. Reg. 911/78, s. 1 (2). 

(3) The index card referred to in subsection (1) shall 
remain at the school during the period the pupil is 
enrolled at the school and, where the pupil transfers to 
another school or to a private school or retires from 
school, the index card shall be stored at the school 
from which he transfers or retires, or at a central 
records office provided by the board, for a period of 
seventy years from the date upon which the pupil 
transfers to another school or to a private school, or 
retires from school, as the case may be. O. Reg. 38/ 
73, s. 6 (3). 



RECORD FOLDER 

7. — (1) A record folder shall be in Form 1 or its 
equivalent in the French language and shall be 
obtained from the Ministry or from a supplier 
designated by the Minister. O. Reg. 30/76, s. 2. 

(2) Where the Minister designates a supplier of 
record folders, the Minister shall ensure by agreement 
with the supplier that the folders shall be made 
from paj)er of similar weight, composition and size 
to those supplied by the Ministry. O. Reg. 38/73, 
s.7(2). 

8. — (1) Subject to subsection (3), Part A of a record 
folder shall be completed when the pupil record is 
established and shall indicate the method of verifica- 
tion of the name and date of birth of the pupil. 

(2) Where a pupil is known by a surname other 
than his legal name and where the principal is 
satisfied that such name is a name obtained by 
repute, the surname by which the pupil is known 
may be recorded in Part A in lieu of his legal surname. 

(3) Where a principal receives a document that 
establishes to his satisfaction that a pupil, in respect 
of whom a pupil record is maintained by the 
principal, has had his name changed, 

(a) by adoption ; 

(6) by marriage ; or 

(c) in accordance with the law of the province, 
state or country in which the document was 
made, 

the principal shall file the document or a notarial 
copy thereof in the record folder and shall change 
the name of the pupil on the record folder, the 
achievement forms and the index card, and there- 
after reference to such record folder, achievement 
forms and index card shall be made as if the original 
record had been established in the name as changed. 
O. Reg. 38/73,5.8. 



9. The current address and home telephone number 
of a pupil and an emergency telephone number in 
respect of the pupil may be entered on the record folder 
of the pupil in a place clearly visible and easily lo- 
cated. O. Reg. 911/78, s. 2. 

10. — (1) An entry shall be made in Part B of a 
record folder, 

(a) where an achievement form in respect of 
the pupil is prepared ; and 

(6) where an achievement form is not required to 
be prepared under subsection 22 (2). 

(2) The name of the school or private school or 
the designation of the school where the school does 
not have a particular name, shall be recorded in the 
column in Part B of the record folder under the 
subheading "School" each time that an entry is 
made in another column in Part B. 

(3) The name of the board that operates the 
school or the name of the person that operates the 
school or private school shall be recorded in the 
column in Part B of the record folder under the 
subheading "Board" each time that an entry is made 
in another column in Part B. 

(4) The name of the teacher designated by the 
principal as having basic responsibility for the 
pupil shall be recorded in the column in Part B 
of the record folder under the subheading "Teacher 
contact" each time that an entry is made in another 
column in Part B. O. Reg. 38/73, s. 9 (1-4). 

(5) Where an entry is made in Part B, the month, 
the day of the month and the year in which the 
pupil commenced the studies or the work in respect 
of whicli the achievement form is prepared shall 
be entered in the columns in Part B under the 
subheading "Entered" and where an entry is made 
in Part B and no achievement form is required to 
be prepared under subsection 22 (2), the entry in these 
columns shall be made as if an achievement form was 
prepared. O. Reg. 911/78, s. 3 (1). 

(6) Where an entry is made in Part B, the month, 
the day of the month and the year in which the 
pupil completed the studies or the work in respect 
of which the achievement form is prepared shall 
be entered in the columns in Part B under the 
subheading "Completed" and, where an entry is 
made in Part B and no achievement form is 
required to be prepared under subsection 22 (2), the 
entry in these columns shall be the date upon which 
the pupil transferred from the school to another school 
or to a private school, or retired from the school, as the 
case may be. O. Reg. 911/78, s. 3 (2). 

(7) Where an entry is made in Part B of the 
record folder, the grade in which the pupil is placed 
at the date of such entry shall be recorded opposite 
such entry in the column under the subheading 
"Achievement Form No." O. Reg. 911/78, s. 3 (3). 



214 



EDUCATION 



Reg. 271 



(8) At least one entry in Part B shall be made 
for each school year. O. Reg. 38/73, s. 9 (8). 

11. — (1) A secondary school course that has been 
successfully completed by a pupil shall be recorded 
in Part C of the record folder established for the 
pupil, under one of the subheadings, 

(a) Communications; 

(b) Social and environmental studies ; 

(c) Pure and applied sciences ; and 

(d) Arts, 

in accordance with the classification of the course 
that was established by the principal for the school 
year in which the course is successfully completed 
by the pupil. 

(2) Entries made in Part C in respect of secondary 
school courses that have been successfully com- 
pleted and that lead to the Secondary School 
Graduation Diploma or in respect of which a 
Certificate of Training may be granted shall be 
recorded on the part of the record folder to the 
right of the side note "Secondary School Graduation 
Diploma", and entries made in Part C in respect of 
secondary school courses that have been successfully 
completed and that lead to the Secondary School 
Honour Graduation Diploma shall be recorded on 
the part of the record folder to the right of the 
side note "Honour Graduation Diploma". 

(3) The title of the secondary school course 
successfully completed and its local designation 
shall be entered in the proper column under the 
sub-subheading "Courses" in Part C. O. Reg. 
38/73, s. 10 (1-3). 

(4) Where an entry is made in a column under 
the sub-subheading "Courses", there shall be entered 
opposite thereto, 

(a) in the column adjacent thereto under the 
sub-subheading "Year", the number of 
the grade in which the secondary school 
course is customarily taken by pupils 
enrolled in the school or private school ; 

(b) in the column under the sub-subheading 
"Grading" adjacent to the immediate 
right of the column referred to in clause 
(a), the number, the letter or letters of the 
alphabet or a symbol or any combination 
thereof, as the case may be, that is repre- 
sentative of the grade obtained by the 
pupil where a grade was given for the 
course and, where no grade was given for 
the course, a check mark, asterisk or other 
symbol shall be entered therein to indicate 
that no grade was given to pupils in that 
course in that school year ; 



(c) in the column under the sub-subheading 
"Credits" adjacent to the immediate right 
of the column referred to in clause ib), the 
value assigned for diploma purposes to the 
credit awarded to the pupil in respect of 
the course, and where the credit has a value 
for diploma purposes that is not an integer, 
such value shall be expressed as a decimal ; 
and 

(d) in the column under the sub-subheading 
"Date" adjacent to the immediate right of 
the column referred to in clause (c), the date 
on which the pupil successfully completed 
the course. O. Reg. 38/73, s. 10 (4); O. Reg. 
911/78, s. 4(1). 

(5) Where a Secondary School Graduation Dip- 
loma or a Certificate of Training has been granted to 
the pupil, 

(a) the date upon which the diploma or 
certificate was granted shall be recorded 
opposite the subheading "Date Granted" 
where it first appears in Part C and if a 
Certificate of Training was granted it shall 
be so recorded ; and 

(b) the total value assigned for diploma pur- 
poses to the credits awarded in respect of 
the courses under each area of study shall 
be entered opposite the sub-subheading 
"total" immediately above the entry re- 
ferred to in clause (a), 

and where a Secondary School Honour Graduation 
Diploma has been granted to the pupil, the date 
upon which it was granted shall be entered opposite 
the subheading "Date granted" where it appears for 
the second time in Part C. 

(6) Where a credit has been obtained at a summer 
school or at an evening class, the title of the course 
in respect of which the credit was obtained, the grade, 
if any, the value of the credit obtained and the date 
shall be recorded in the appropriate colums in Part 
C of the record folder in the manner prescribed 
in subsections (1), (2), (3) and (4). O. Reg. 38/73, s. 10 
(5, 6). 

(7) There may be entered to the right of Part C 
of the record folder in respect of a pupil the total 
number of credits toward the Secondary School 
Graduation Diploma that have been earned by the 
pupil as of a specific date, which date shall be 
entered beside such total number of credits. O. Reg. 
911/78, s. 4 (2). 

12. Notwithstanding section 11, where a computer 
or equipment used in connection with a computer 
is used to record the progress of a pupil through 
school or to print a part of the pupil record, the 
record or a copy thereof that is so produced shall 
be placed in the record folder in respect of the pupil 
and, where such record or copy contains the infor- 



Reg. 271 



EDUCATION 



215 



mation that would be required for completion of 
any entry in Part C of the record folder if the pupil 
record were maintained and completed without the 
use of a computer or equipment used in connection 
with a computer, such information need not be 
recorded in Part C. O. Reg. 38 /73, s. 1 1 . 

13. — (1) In Part D of the record folder, only the 
first names of the parents of a pupil shall be recorded 
except that, where the surname of the parent differs 
from the surname of the pupil, the surname of the 
parent shall be recorded. 

(2) Where applicable, the full name of the guardian 
of a pupil shall be recorded in the space provided 
therefor in Part D of the record folder. 

(3) Where a parent or the guardian of a pupil 
dies, the date of death shall be recorded opposite 
the name of such p)erson. O. Reg. 38/73, s. 12. 

14. — (1) Subject to subsection (2), a summary of 
any recommendations regarding special health prob- 
lems of a pupil that, in the opinion of the principal, 
are likely to interfere with the achievement of the 
pupil in school shall be recorded in Part E of the 
record folder. 

(2) The parents of a pupil under the age of 
eighteen years shall be consulted before an entry is 
made in Part E of the record folder, and the pupil 
shall be consulted where the pupil is of the full age 
of eighteen years. 

(3) Entries in Part E of the record folder shall 
be kept current. O. Reg. 38/73, s. 13. 

15. Where a photograph of the pupil in respect of 
whom a record folder is established is placed in Part 
F of the record folder, the date, as nearly as may 
be ascertained, on which the photograph was taken 
shall be recorded and the photograph may be re- 
placed from time to time with a more recent 
photograph of the pupil. O. Reg. 38/73, s. 14. 

16. — (1) Where a pupil participates in an extra- 
curricular activity, a record of his participation may 
be entered in Part G of the record folder. 

(2) Where an entr\' is made under subsection (1), 
the date of the participation and the date of the 
entry shall be recorded in Part G of the record 
folder and additional information in resj)ect of such 
entry may be inserted in the record folder. O. Reg. 
38/73,s. 15. 

17. — ( 1 ) Fart H of a record folder may be used 
to record, 

(a) the referrals of the pupil, if any, to services 
or agencies ; 



(b) information regarding a talent or special 
ability of the pupil ; and 

(c) out-of-school activities of the pupil and 
any other information not recorded in 
Part G of the record folder that may, in 
the opinion of the principal, be beneficial 
to teachers in the instruction of the pupil, 

and additional information in respect of such entry 
may be inserted in the record folder. O. Reg. 38 /73, 
s. 16; O. Reg. 911/78, s. 5 (1). 

(2) Where a pupil is excused from attendance at 
school or from full-time attendance at school under 
an early school leaving program, information in 
respect thereof, including the date the pupil 
begins the program, shall be recorded in Part H of 
the record folder. O. Reg. 911/78, s. 5 (2). 

18. Outstanding achievements of a pupil and any 
awards or scholarships that he receives and the date 
thereof may be recorded in Part I of the record 
folder in respect of the pupil, and additional infor- 
mation in respect of such entry may be inserted 
in the record folder. O. Reg. 38/73, s. 17. 

19. — (1) The date upon which a pupil retires 
from school or from a private school to which 
his pupil record, except the index card, has been 
transferred, shall be recorded under the subheading 
"Date of retirement" in Part J of the record folder 
in respect of the pupil and, where after such retirement 
the pupil re-enrols in school or in a private school 
that maintains his pupil record, the date of his 
subsequent retirement from school or from a private 
school shall be recorded therein. 

(2) Where a date is entered under the subheading 
"Date of retirement" in "Part J of a record folder, 
the address of the pupil at such date shall, where 
the address is known to the principal, be recorded 
under the subheading "Address at retirement" in 
Part J. O. Reg. 38/73. s. 18. 

20. Information as to the destination of the pupil 
in resf)ect of employment or further education upon 
his retiring from school may be entered in Part K of 
the record folder. O. Reg. 38 /73, s. 19. 



THE STUDENT ACHIEVEMENT FORM 

21. — (1) Subject to -subsection (3), an achievement 
form supplied by the Ministry or by a supplier desig- 
nated by the Minister shall be in Form 2. O. Reg. 

38/73, s. 20(1). 

(2) A board may approve for use in its schools 
an achievement form in the English or the French 
language that is not an achievement form in Form 2 
if the achievement form, 



216 



EDUCATION 



Reg. 271 



(a) provides for the information required under 
sections 23, 24 and 25; 

(b) contains space for comment by the pupil or 
his parent or guardian as the case may be ; 
and 

(c) contains the following statement or, in the 
case of an achievement form in the French 
language, an accurate translation of the 
following statement in the French language : 



TO STUDENTS AND PARENTS: 

This copy of the achievement form should 
be retained for future reference. The 
original has been placed in the record 
folder in respect of the pupil and will be 
retained for only three years after the 
pupil retires from school. Every effort 
has been made to ensure that all entries 
made are a clear indication of the achieve- 
ment of the pupil. If you wish to review 
the information contained in the record 
folder, please contact the principal. O. Reg. 
38/73, s. 20 (2); O. Reg. 911/78, s. 6. 

(3) Where the Ministry or a supplier designated 
by the Minister, at the request of a board, supplies 
an achievement form in Form 2 translated into the 
French language, such achievement form shall be 
deemed to be an achievement form in Form 2. 

(4) An achievement form approved by a board 
under subsection (2) may be produced by means of a 
computer or equipment used in connection with a 
computer, and a copy of an achievement form 
printed thereby is acceptable for inclusion in the 
record folder. 

(5) Subject to subsection (6), an achievement form 
shall be printed on paper that, 

(a) is white and is capable of retaining its 
whiteness for the period of time referred to in 
section 34; 

(b) is sufficiently opaque to permit ink to be 
applied to both sides of the paper and 
retain legibility to both sides thereof; 
and 

(c) is suitable for long-term storage. 

(6) Where the information on the achievement 
form is recorded by means of a computer or equip- 
ment used in connection with a computer, the 
paper on which the information is printed shall be 
such as to provide as nearly as may be the 
characteristics set out in subsection (5). O. Reg. 
38/73, s. 20 (3-6). 

22. — (1) Subject to subsection (2), an achievement 
form shall be prepared for each pupil at the end of each 



school year and at the time the pupil transfers to 
another school or to a private school, or retires from 
school, as the case may be, and may be prepared more 
frequently as required by the board. 

(2) Where a pupil transfers to another school or to a 
private school, or retires from school, within six 
weeks of the date of his enrolment in the school or 
within six weeks from the commencement of a new 
school year, as the case may be, an achievement 
form need not be prepared in respect of such period. 

(3) Where schools are organized on a semester 
plan, an achievement form shall be prepared at the 
end of each semester. O. Reg. 38 /73, s. 21 . 

23. The full name of the pupil as recorded on 
the record folder and the grade in which the pupil 
is placed shall be entered on the achievement form. 
O. Reg. 911/78, s. 7, part. 

24. — ( 1 ) There shall be set out on an achievement 
form, 

(a) a concise statement of the program of study 
undertaken by the pupil sufficient to enable 
a teacher to understand the objectives, 
content and degree of difficulty of the 
courses included in the program of study; 

(b) in respect of each program of study under- 
taken by the pupil, a detailed statement 
provided by an anecdotal description, a 
percentage mark, a letter grade or any 
other means that indicates the level of 
achievement of the pupil in such program 
of study; 

(c) in respect of a course for which credit may be 
awarded where the pupil is entitled to such 
credit, the value assigned to the credit for 
diploma purposes and, where the credit 
has a value that is not an integer, such 
value shall be expressed as a decimal ; and 

(d) in respect of a course for which no credit 
may be awarded, the words "non-credit 
course". 

(2) Where an achievement form in F"orm 2 is used, 
the information referred to in clause (1) (a) shall be set 
out in the column under the heading "Description of 
Studies" and the information referred to in clauses (1) 
(6), (f ) and id) shall be set out in the other columns 
opposite the description of the program of study to 
which it refers. O. Reg. 38/73, s. 24. 

25. — (1) An achievement form shall bear the 
address and other particulars of the school at which 
the pupil attained the achievement recorded on the 
form sufficient to identify the school and shall be 
signed by the principal of the school or the teacher 
or other school official designated for such purpose by 
the principal, and a form so signed is prima facie 



Reg. 271 



EDUCATION 



217 



evidence of the achievement of the pupil recorded on 
the form. 

(2) Where an achievement form is signed by a 
teacher or other school official designated by the 
principal, the person signing the form shall indicate 
thereon that he is signing for and on behalf of 
the principal and shall give the name of the 
principal. O. Reg. 38 /73, s. 25. 

(3) The number of lates and absences of the 
pupil and, where applicable, promotion to the next 
grade, may be entered on the achievement form. 
O. Reg. 911/78. s. 8. 

26. — (1) Where an achievement form is completed 
and signed as provided in section 25, the achievement 
form shall be placed in the record folder of the pupil 
and a true copy of the achievement form shall, 

(a) be forwarded to the pupil where the pupil 
has attained the age of eighteen years ; or 

(b) be forwarded to the parent or guardian of 
the pupil where the pupil has not attained 
the age of eighteen years. 

(2) An achievement form that is forwarded as 
provided in subsection (1) may also constitute a 
report card in respect of the pupil if it is so noted 
on the achievement form. 

(3) Where an achievement form is used as a report 
card, the record of attendance of the pupil in respect 
of the reporting period may be entered on the 
achievement form. O. Reg. 38/73, s. 26. 

27. Where-a principal receives a request referred to 
in subsection 237 (4) of the Act and refuses to comply 
with the request or any part thereof, he shall place in 
the record folder in respect of the pupil, 

(a) the request received by him ; and 

(b) a note indicating his reasons for not com- 
plying with the request, 

and shall advise the person making the request of his 
rights under subsection 237 (5) of the Act. O. Reg. 
38/73, s. 27; O. Reg. 911/78, s. 9. 



STUDENT RECORD OF ACCUMULATED INSTRUCTION 
IN FRENCH AS A SECOND LANGUAGE 

28. — (1) In this section, "program" means a pro- 
gram in French as a second language. 

(2) Subject to subsection (9), a record of French 
instruction shall be in Form 3. 

(3) A record of French instruction shall be 
established for each pupil who is enrolled in a 



program in an elementary school or a secondary 
school on or after the 30th day of September, 1977. 

(4) Subject to subsection (10), an entry shall be 
made on the record of French instruction in respect 
of a pupil who is enrolled in a program in an 
elementary school or a secondary school, during a 
school year or in a summer course, 

(a) at or before the end of such school year 
or summer course; and 

(6) when the pupil transfers to another school 
or to a private school, or retires from school. 

(5) The full name of the pupil, as recorded on 
the record folder, shall be recorded on the record 
of French instruction, and such record shall be 
placed in the record folder maintained in respect 
of the pupil and retained therein, except that it may 
be removed from the record folder and retained 
elsewhere in the school for a temporary period 
while the pupil is enrolled in a program. 

(6) Subject to subsection (10), there shall be 
entered on the record of French instruction estab- 
lished in respect of a pupil, in the column appro 
priate therefor, for each school year or summer 
course during which the pupil was enrolled in a 
program, 

(a) the school year or summer course; 

(b) the name of the educational authority 
outside Ontario or the board or private 
school that provided the program; 

(c) the grade in which the pupil was registered ; 

(d) the number of hours of instruction received 
in the subject of French; 

{e) the other subjects in which the pupil 
received instruction in the French language 
and the number of hours of such instruc- 
tion received in each such subject ; 

(/) the total number of hours of instruction 
received by the pupil in a program during 
such school year or summer course ; and 

{g) the total number of hours of instruction 
in a program that the pupil has accumu- 
lated at the end of such school year or 
summer course, 

but no entry shall be made on the record of French 
instruction in respect of a program taken in a 
nursery school, or a program taken in evening 
classes for which no credit is given. 

(7) Where a pupil is enrolled in a program for a 
portion of a school year, the percentage of the 
school year that he is in such program shall, subject 
to subsection (10), be entered on his record of French 



218 



EDUCATION 



Reg. 271 



instruction in the column headed "School Year" to the 
right of the dotted line. 

(8) Where information that is required in respect 
of previous years for preparing a record of French 
instruction in respect of a pupil is not obtainable, 
a notation to this effect shall be made on the record 
of French instruction, and the estimated total 
number of hours of instruction in a program accumu- 
lated by the pupil shall be entered in the column 
of the record of French instruction headed "Total 
hours accumulated at the end of the School year". 

(9) A record of French instruction may be pro- 
duced by means of a computer or equipment used 
in connection with a computer if the record of 
French instruction so produced provides the infor- 
mation required under subsections (5), (6), (7) and (8). 

(10) Where the principal of a secondary school is 
satisfied that all the information referred to in clauses 
(6) (a) to (g), and in subsection (7) where applicable, in 
respect of a pupil, can be ascertained from the entries 
on the record folder and the achievement forms in 
respect of the pupil, taken together, the entry of such 
information in respect of a program that is taken in the 
secondary school is not required to be made on the 
record of French instruction in respect of the 
pupil. O. Reg. 610/78, s. 3. 



TRANSFER 

29.— <1) Subject to subsections (2), (3) and (4), 
where a pupil transfers from a sending school to a 
receiving school, the principal of the receiving school 
shall, where the receiving school is a school, and may, 
jivhere the receiving school is a private school, send to 
the principal of the sending school a written request for 
transfer of the pupil record in respect of the pupil, and 
upon receipt of such request the principal of the send- 
ing school shall transfer by first class mail to the prin- 
cipal of the receiving school, the materials referred to 
in clauses 2 (a), {b), (c) and (e) in respect of the pupil. 

(2) Where a pupil transfers by reason of promo- 
tion or in accordance with instructions of the board 
from one school to another that is under the juris- 
diction of the same board, the principal of the 
sending school may, without a request therefor in 
writing, forward to the principal of the receiving 
school by first class mail or by delivery service 
provided by the board, the materials referred to in 
clauses 2 (a), (b), (c) and (c) in respect of the pupil. 
O. Reg. 610/78, s. 4. 

(3) Where the receiving school is a private school, 
the principal of the sending school shall make the 
transfer under subsection (1) only where he has 
received from the principal of the private school 
written assurance that the private school will main- 
tain, transfer and dispose of the pupil record in 
accordance with the Act and this Regulation. O. Reg. 
911/78, s. 10 (1). 



(4) Where the receiving school is a private school 
that is not operated by the Government of Canada and 
that is not inspected under subsection 15 (7) of the Act, 
the principal of the sending school shall make the 
transfer under subsection (1) only with the consent of, 

(a) the pupil where he has attained the age of 
eighteen years; or 

(b) the parent or guardian of the pupil where 
the pupil has not attained the age of 
eighteen years. O. Reg. 911/78, s. 10 (2). 

(5) An original pupil record shall not be trans- 
ferred to an educational institution outside Ontario, 
but a true copy of the information contained in 
the pupil record of a pupil may be sent by registered 
mail to the principal of such an educational in- 
stitution where the principal in whose possession 
the pupil record may be, receives, 

(a) a request for the pupil record from the 
principal of such educational institution; 
and 

(b) a request in writing for the transfer of the 
pupil record signed by, 

(i) the pupil where the pupil has 
attained the age of eighteen years, 
or 

(ii) the parent or guardian of the 
pupil where the pupil has not 
attained the age of eighteen years. 

(6) A true copy of the information contained in 
a pupil record may be provided to, 

(a) the pupil where the pupil has attained 
the age of eighteen years ; or 

{b) the parent or guardian of the pupil where 
the pupil has not attained the age of 
eighteen years, 

where the pupil or his parent or guardian, as the case 
may be, satisfies the principal that the pupil requires 
the copy for the purpose of enrolling in an educational 
institution outside Ontario. O. Reg. 38/73, s. 28 

(5, 6). 

30. — (1) Where a pupil has been, 

(a) admitted to or committed to an institution 
for treatment in respect of alcoholism, 
drug addiction or a mental disorder ; 

(b) sent to a training school or sentenced to a 
penal or a correctional institution; or 

(c) convicted of an offence under the Criminal 
Code (Canada) or of an offence under the 
laws of the Province of Ontario or any 
other jurisdiction, 



Reg. 271 



EDUCATION 



219 



and an entry in respect thereof has been made in 
his record or the pupil record discloses one or more 
of such cases, the principal may, where in his 
opinion such information is not conducive to the 
improvement of instruction of the pupil, delete from 
the record any such entry and for the purpose of so 
doing may destroy all or part of the pupil record of 
such pupil after the principal has recreated the pupil 
record or part thereof for the purpose of making such 
deletion. O. Reg. 38 /73, s. 29. 

(2) Where in the opinion of the principal of a 
school, certain information or material that has 
been inserted in the record folder in respect of a 
pupil is no longer conducive to the improvement of 
instruction of the pupil, the principal may remove 
such information or material from the record folder 
and either give it to the pupil or the parent or 
guardian of the pupil or destroy it. O. Reg. 911/78, 
s. 11. 

31. — (1) Where the principal of a school is of the 
opinion that a pupil record or any part of a pupil 
record should be established and maintained in the 
French language, the principal may, with the ap- 
proval of the board, estabhsh and maintain the 
pupil record or the part thereof in the French 
language. 

(2) Where the principal of a private school that 
maintains a pupil record is of the opinion that the 
pupil record or any part of the pupil record should 
be maintained in the French language, the principal 
may, with the approval of the person operating the 
private school, maintain the pupil record or the part 
thereof in the French language. 

(3) Where the principal of a school or a private 
school maintains a pupil record in the French 
language and the pupil transfers from a sending 
school to a receiving school and the principal of the 
receiving school is of the opinion that the pupil 
record should be maintained in the English language, 
the part of the pupil record that is in the French 
language shall not be translated and the pupil record 
may be maintained thereafter in the English 
language. 

(4) Where the principal of a school or a private 
school maintains a pupil record in the English 
language and the pupil transfers from a sending 
school to a receiving school and the principal of the 
receiving school is of the opinion that the pupil 
record should be maintained in the French language, 
the part of the pupil record that is in the English 
language shall not be translated and the pupil record 
may be maintained thereafter in the French 
language. O. Reg. 38 /73, s. 30. 

32. Where a pupil retires from school or from a 
private school that maintains a pupil record in respect 
of the pupil and the pupil, where he has attained the 
age of eighteen years, or his parent or guardian, where 
the pupil has not attained such age, so requests, the 



principal shall give to the pupil or his parent or guar- 
dian, as the case may be, 

(a) a true copy of Part C of the record folder 
in respect of the pupil ; and 

(6) exclusive of the achievement forms and the 
record of French instruction, the informa- 
tion and materials that are stored in the 
record folder, 

and where the information and materials referred 
to in clause (b) are not requested by the pupil or by 
his parent or guardian, as the case may be, they 
shall be retained in the pupil record until the 31st 
day of July of the year following the year in which 
the pupil retires from school, after which date they 
shall be destroyed forthwith. O. Reg. 38/73, s. 3l'; 
O. Reg. 610/78, s. 5; O. Reg. 911/78, s. 12. 

33. The achievement forms retained in a record 
folder in respect of a pupil may be destroyed after 
three years next following the year in which the 
pupil retires from school or from a private school that 
maintains a pupil record in respect of the pupil. 
O. Reg. 38/73, s. 32. 

34. — (1) Subject to subsection (3), a record folder in 
respect of a pupil shall be retained by the board, 

(a) in the school attended by the pupil 
immediately before his retirement from 
school ; or 

(b) in a central records office maintained by the 
board that operated the school referred to jn 
clause (a), 

for a period of seventy years from the year in which 
the pupil retires from school. 

(2) Where a pupil retires from a private school 
that maintains a pupil record in respect of the pupil, 
the private school, after a period of three years next 
following the year in which the pupil retires from 
the private school, may, where the sending school 
in respect of that pupil is not a private school, 
return the record folder to the sending school, in 
which case subsection (1) applies as if such sending 
school were the school attended by the pupil 
immediately before his retirement from school and, 
where the private school does not return the record 
folder to the sending school, subsections (1) and (3) 
apply with necessary modifications to the private 
school in respect of such record folder. 

(3) Where a record folder in respect of a pupil 
has been microrecorded in a manner that permits 
a reproduction to be printed, the record folder may be 
destroyed after three years following the year in 
which the pupil retires from school or from a private 
school that maintains a pupil record in respect of 
that pupil and the microrecording shall be retained 
for a period of seventy years after the retirement of 
the pupil. 



220 



EDUCATION 



Reg. 271 



(4) Where a private school that maintains a pupil 
record ceases to operate as a private school, 

(a) a pupil record that was retained by the 
private school in respect of a former pupil ; 
and 

(6) a pupil record of a pupil of the private 
school who does not transfer to a school 
or to a private school to which his pupil 
record is transferred, 

shall forthwith be sent to the Minister. O. Reg. 
38 /73, s. 33. 

(5) Where a school section is declared inactive, 
a secondary school district or separate school board 



is discontinued or a board is dissolved and its assets 
not vested in another board, 

(a) a pupil record in respect of a former 
pupil, that was retained by the board or by 
a school operated by the board; and 

(6) a pupil record in respect of a pupil of a 
school operated by the board, who does not 
transfer to a school or private school to 
which his pupil record is transferred, 

shall forthwith be sent to the Minister. O. Reg. 
30/76,5.3. 

(6) In this section, "record folder" shall, where 
a record of French instruction has been prepared 
in respect of the pupil, include such record. O. Reg. 
610/78, s. 6. 



Reg. 271 



EDUCATION 



Form 1 

Education Act 

THE ONTARIO STUDENT 
RECORD FOLDER 



221 



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222 



EDUCATION 



Reg. 271 



1 1 



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Reg. 271 



EDUCATION 



223 



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O. Reg. 38/73. Form 1. 



224 



EDUCATION 



Reg. 271 



Form 2 
Education Act 
STUDENT ACHIEVEMENT FORM 
STUDENT ACHIEVEMENT FORM 



Surname, Given names 



Grade 



Description of Studies 



Description of Achievement 



(where applicable) 
Grading Diploma 
Credits 



School Name and Address 



Signature of School Official 



Date Sent 



Reg. 271 



EDUCATION 



225 



To students and parents: 



This copy of the achievement 
form should be retained for 
future reference. The original 
has been placed in the record 
folder in respect of the pupil and 
will be retained for only three 
years after the pupil retires from 
school. Every effort has been 



made to ensure that all entries 
made are a clear indication of 
the achievement of the pupil. 
If you wish to review the in- 
formation contained in the 
record folder, please contact the 
principal. 



Comment by student and/or parents; 



O. Reg. 911/78,5. 13. 



226 



EDUCATION 



Reg. 271 





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Reg. 272 EDUCATION 229 



REGULATION 272 

under the Education Act 
PURCHASE OF MILK 

1. A board is authorized to purchase milk for free distribution to pupils in schools under its jurisdiction. 
R.R.O. 1970, Reg. 201, s. 1. 

2. The authority of a board may be exercised on the terms and conditions, 

(a) the distribution is effected only on school dajrs between 8.45 a.m. and 4.00 p.m. and under 
the supervision and direction of the principal ; and 

(b) that the milk is consumed on the school premises. R.R.O. 1970, Reg. 201, s. 2. 



Reg. 273 



EDUCATION 



231 



REGULATION 273 



under the Education Act 



SCHOOL YEAR AND SCHOOL HOLIDAYS 



INTERPRETATION 

1.— (1) In this Regulation, 

(a) "instructional day" means a school day 
that is designated as an instructional day 
on a school calendar and upon which day 
an instructional program that may include 
examinations is provided for each pupil 
whose program is governed by such 
calendar ; 

(6) "professional activity" includes evaluation 
of the progress of pupils, consultation with 
parents, the counselling of pupils, curricu- 
lum and program evaluation and develop- 
ment, professional development of teachers 
and attending educational conferences ; 

(c) "professional activity day" means a school 
day that is designated as a day for pro- 
fessional activities on a school calendar ; 

(d) "school day" means a day that is within 
a school year and is not a school holiday; 
and 

(e) "school year" means the period prescribed 
as such by or approved as such under this 
Regulation. 

(2) A board may designate half a school day an 
instructional program and the remainder of the 
day for professional activities, but such a day 
constitutes a half-day in determining the number 
of instructional days in the school year. O. Reg. 
546/73, s. 1. 

2. — (1) Subject to section 4, the school year shall 
commence on the day following Labour Day and 
end on the 30th day of June but, when the 30th 
day of June is a Monday or Tuesday, the school year 
shall end on the preceding Friday. 

(2) Subject to section 4, a school year shall 
include at least 185 instructional days, and the 
remaining school days shall be professional activity 
days. 

(3) Subject to section 4, the following are school 
holidays: 

1. Every Saturday and Sunday. 



2. A day appointed by the Governor General 
or the Lieutenant Governor as a public 
holiday or for thanksgiving. 

3. Where the school is open during July and 
August, Dominion Day and Labour Day. 

4. Good Friday. 

5. Victoria Day. 

6. A Christmas vacation to begin on the 
23rd day of December or, when the 23rd 
day of December is a Tuesday, on the 
22nd day of December and to end on 
the 2nd day of January or, when the 2nd 
day of January is a Thursday, on the 3rd 
day of January. 

7. Five consecutive days commencing on the 
Monday next following the Friday preced- 
ing the 21st day of March, or five 
consecutive days, exclusive of Saturday 
and Sunday, that are within the period 
from the first school day in January to the 
last school day in June, and are designated 
as school holidays in lieu thereof by the 
board that operates the school. 

8. Easter Monday or a day designated as a 
school holiday in lieu thereof by the 
board that operates the school. 

9. Where Remembrance Day is not Saturday 
or Sunday, Remembrance Day or a day 
designated as a school holiday in lieu 
thereof by the board that operates the 
school. O. Reg. 546/73, s. 2. 

3. In each year every board shall, except in respect 
of a school or class for which the board has submitted a 
proposed school calendar under section 4, prepare, 
adopt and submit t,o the Minister on or before the 1st 
day of May, in respect of the school year next follow- 
ing, the school calendar or school calendars to be fol- 
lowed in the schools under its jurisdiction, and each 
such school calendar shall, 

(a) state the school or schools in which the 
calendar is to be followed; 

(b) conform to section 2; and 

(c) identify each day of the school year as an 
instructional day, a professional activity 
day or a school holiday. O. Reg. 546 /73, 
s. 3. 



232 



EDUCATION 



Reg. 273 



4. — (1) For one or more schools under its juris- 
diction a board may designate a school year and 
school holidays that are different from those 
prescribed in section 2 and, where a board does 
so, the board shall submit to the Minister on or 
before the 1st day of March a proposed school 
calendar for the school year next following in respect 
of such school or schools, identifying thereon 
each day of the school year as an instructional day, 
a professional activity day or a school holiday, 
and the board may, upon approval thereof by 
the Minister, implement such school calendar. 

(2) Where the Minister informs a board that he 
does not approve the school calendar submitted 
under subsection (1), the board may amend its 
proposed school calendar and submit to the Minister 
a revised school calendar and, upon approval 
thereof by the Minister, the board may implement 
the revised school calendar. 

(3) Where a board has submitted a proposed school 
calendar under subsection (1) and the Minister has not 
approved on or before the 15 th day of April such 
calendar or a revision thereof submitted under sub- 
section (2), the board shall, on or before the 1st day 
of May, prepare, adopt and submit to the Minister 
a school calendar in accordance with section 3. 
O. Reg. 546/73, s. 4. 



5. — (1) Where, in the opinion of the board, it is 
desirable to alter a school calendar that has been sub- 
mitted under section 3 or subsection 4 (3) or approved 
and implemented under subsection 4 (1) or (2), the; 
board may, with the prior approval of the Minister, 
alter the school calendar. 

(2) Where. 

(a) a school or class is closed for a temporary 
period because of failure of transportation, 
arrangements, inclement weather, fire, 
flood, a breakdown of the school heating 
plant or a similar emergency, or a school 
is closed under the Public Health Act or the 
Education Act; and 

(6) the school calendar is not altered under sub- 
section (1), 

the day on which the school or class is closed 
remains an instructional day or a professional 
activity day, as the case may be, as designated on 
the school calendar applicable to such school or 
class. -O. Reg. 546 /73, s. 5. 

6. Nothing in this Regulation shall operate to 
prevent the holding of a meaningful and significant 
program in observance of Remembrance Day. 
O. Reg. 546/73, s. 6. 



Reg. 274 



EDUCATION 



233 



REGULATION 274 

under the Education Act 



SPECIAL EDUCATION PROGRAMS AND 
SERVICES 

1. A Special Education Program Placement and 
Review Committee established by a board under 
clause 30 (2) (b) of Regulation 262 of Revised Regula- 
tions of Ontario, 1980 is deemed to be a committee 
referred to in subparagraph iii of paragraph 5 of sub- 
section 10 (1) of the Act for the purposes of identifying 
exceptional pupils and making and reviewing place- 
ments of exceptional pupils. O. Reg. 1057/80, s. 1. 

2. — (1) The decision of an admissions board estab- 
lished before this Regulation came into force, to admit a 
trainable retarded child to a school or class for trainable 
retarded children is deemed to be a decision of a com- 
mittee referred to in subparagraph iii of paragraph 5 of 
subsection 10 (1) of the Act to identify such child as an 
exceptional pupil and to place the child in a school or 
class for trainable retarded pupils. 

(2) Each board that had, prior to the day when this 
Regulation comes into force, established an admissions 
board referred to in subsection (I) shall forthwith 
establish a committee referred to in subparagraph iii of 
paragraph 5 of subsection 10 (1) of the Act and the 
provisions of Regulation 262 of Revised Regulations of 
Ontario, 1980 in respect of special education programs 
and services shall apply to the placement and review of 
placement of the trainable retarded pupils in schools 
and classes for trainable retarded pupils operated by 
such board. O. Reg. 1057/80, s. 2. 

3. — (1) Each board shall prepare and approve a 
plan in accordance with a planning guide provided by 
the Minister that will disclose the methods by which 
and the times within which the board shall comply 
with paragraph 7 of section 149 of the Act in relation to 
exceptional pupils of the board who are not trainable 
retarded pupils. 

(2) A plan referred to in subsection (1) shall be sub- 
mitted to the Minister not later than the 1st day of 
May, 1982 for review by the Minister. 

(3) A plan referred to in subsection (1) shall provide 
for an annual review of the plan and any amendment 
to the plan that is a result of the review shall be sub- 
mitted to the Minister for review by the Minister. 
O. Reg. 1057/80, s. 3. 

4. — (1) Each public school board, Roman Catholic 
separate school board and Protestant separate school 
board shall prepare and approve a plan for the estab- 
lishment and provision of schools or classes for their 
resident pupils who are trainable retarded pupils or for 
the entering into of one or more agreements with 



another board or boards, for the provision of instruction 

for such pupils. 

(2) Each plan referred to in subsection (1) shall be 
developed in consultation and co-operation with the 
board or boards that have provided schools or classes 
for trainable retarded pupils who are qualified to be 
resident pupils of the public school board, Roman 
Catholic separate school board or Protestant separate 
school board, as the case may be, to ensure that the 
transfer of the trainable retarded pupils is carried out 
with the least possible disruption to the program for the 
treiinable retarded pupils. 

(3) A plan referred to in subsection (1) shall be sub- 
mitted to the Minister not later than the 1st day of 
May, 1982 for review by the Minister. O. Reg. 1057/ 
80, s. 4. 

5. Each board shall not later than the 1st day of 
May, 1982 prepare and approve a plan for the enrol- 
ment of each developmentally handicapped person who 

is, 

(a) in attendance at a day nursery licensed under 
the Day Nurseries Act that has a program for 
developmentally handicapped children; and 

(b) qualified to be a resident pupil of the board, 

and shall submit such plan to the Minister for 
approval. O. Reg. 1057/80, s. 5. 

6. Each board shall not later than the 1st day of 
May, 1982 prepare and approve a plan for the enrol- 
ment of each person who is qualified to be a resident 
pupil of the board or who except as to residence would 
be qualified to be a resident pupil of the board and who, 

(a) resides in a facility listed in Schedule 1 of 
Regulation 242 of Revised Regulations of 
Ontario, 1980 that is not a facility at which 
the Minister provides an educational pro- 
gram; 

(b) resides in a facility designated under section 2 
of the Developmental Services Act that is not 
a facility listed in Schedule 1 of Regulation 
242 of Revised Regulations of Ontario, 1980; 

(c) is lodged in a home for special care estab- 
lished, approved or licensed under the 
Homes for Special Care Act; or 

(d) resides in a home for retarded persons or an 
auxiliary residence approved under the 
Homes for Retarded Persons Act, 



234 



EDUCATION 



Reg. 274 



and shall submit such plan to the Minister for review by 
the Minister. O. Reg. 1057/80, s. 6. 

7. The refusal of admission of a person to a school or 
class for trainable retarded children by an admissions 
board before this Regulation came into force, does not 
prevent the enrolment of such person in a school or his 
subsequent placement in a school or a class for trainable 
retarded children on or after the day when this Regula- 
tion comes into force. O. Reg. 1057/80, s. 7. 

8. — ( 1) A plan prepared and approved by a board in 
accordance with section 3 in respect of its exceptional 
pupils who are not trainable retarded pupils and in 
accordance with section 6 in respect of trainable 
retarded pupils, shall be implemented by the board in 
accordance with the terms of each of the plans, as the 
case may be, as to the dates by which and the extent to 
which special education programs and special educa- 
tion services shall be established or provided for its 
exceptional pupils who are not trainable retarded pupils 
and its trainable retarded pupils. 

(2) A plan prepared and approved by a public school 
board, Roman Catholic separate school board or a 
Protestant separate school board, as the case may be, in 
accordance with section 4 shall be implemented by the 
board in accordance with the terms of the plan on and 
after the date designated by the order of the Lieutenant 
Governor in Council made in respect of such board. 



(3) A plan developed by a board in accordance with 
.section 5 shall be implemented by the board in accord- 
ance with the terms of the plan where the plan is 
approved by the Minister. O. Reg. 1057/80, s. 8. 

9. It is a condition of a plan developed under this 
Regulation that each committee referred to in subpara- 
graph iii of paragraph 5 of subsection 1 (1 ) of the Act 
is authorized to schedule the referrals to the committee 
in such manner as to enable the committee to deal with 
the referrals in an orderly manner. O. Reg. 1057/80, 
s. 9. 

10. Where, 

(a) the plans and any amendment thereto sub- 
mitted under section 3; or 

ib) the plans submitted under section 4 or 6, 

have been reviewed, the Minister may require any 
board that submitted a plan or an amendment thereto, 
as the case may be, to make changes in the plan that the 
Minister considers necessary to maintain uniformity in 
the planning approach of boards and the plan as 
changed shall be resubmitted to the Minister and 
implemented in accordance with subsection 8 (1) or (2), 
as the case may be. O. Reg. 1057/80, s. 10. 



Reg. 275 EDUCATION 235 

REGULATION 275 

under the Kducation Act 
SPECIAL GRANT 

1. Subject to the approval of the Lieutenant Governor in Council, the Minister may pay in any year, 
pursuant to a request from a board, in addition to the grant pa\able under the General Legislative Grant 
Regulation for such year, a special grant to such board where the General Legislative Grant otherwise payable to 
the board has placed or will place, in the opinion of the Minister, an undue burden upon all the ratepayers or 
supporters of the board or upon such of them as are assessed in a particular municipality or locality within the 
area of jurisdiction of the board. O. Reg. 880/74, s. I. 

2. A board to which a special grant is paid in a year under section 1 is not precluded from applying for and 
receiving a special grant in an ensuing year. O. Reg. 880/74, s. 2. 

3. The Minister, subject to the approval of the Lieutenant Governor in Council, shall prescribe the purpose 
to which a special grant paid under this Regulation is to be applied, and the amount of such special grant is 
recoverable in the >ear next following the year in which it is made if it is not applied as prescribed. Q. Reg. 

880/74, s. 3. 



Reg. 276 



EDUCATION 



237 



REGULATION 276 



under the Education Act 



SUPERVISORY OFFICERS 
PART 1 

QUALIFICATIONS OF SUPERVISORY OFFICERS 

1.— (1) In this Part. 

(a) "architect" means a person who is a 
member of the Ontario Association of 
Architects or a person who is licensed to 
practise as an architect under the Architects 
Act; 

(6) "chartered accountant" means a member 
of The Institute of Chartered Accountants 
of Ontario ; 

(c) "Principal's Certificate" means a perman- 
ent principal's certificate; 

(d) "professional engineer" means a person 
registered as a professional engineer or a 
person who is licensed to practise as a 
professional engineer under the Professional 
Engineers Act. O. Reg. 140/75, s. 1 (1). 

(2) A person who holds a Supervisory Officer's Cer- 
tificate or who under this Regulation is deemed to hold a 
Supervisory Officer's Certificate is qualified as a super- 
visory officer under this Regulation, and a person 
employed by a board with the approval of the Minister 
under subsection 3 (4) is qualified as a supervisory 
officer under this Regulation for the period during 
which the person is employed by the board in a 
position referred to in that subsection. O. Reg. 
496/79, s. 1. 

2. — (1) A candidate for a Supervisory Officer's 
Certificate shall make application to the Minister 
before the first day of December to take, in the 
year next following, the written and oral exami- 
nations prescribed by the Minister. O. Reg. 140/75 , 
s. 2 (1). 

(2) A candidate for a Supervisory Officer's Certifi- 
cate shall submit to the Minister with his application 
evidence that he has seven years of successful experi- 
ence, 

(a) as a teacher and that he holds, 

(i) the degree of Bachelor of Arts or 
Bachelor of Science from an Ontario 
university, or a degree the Minister 
considers equivalent thereto. 



(ii) a permanent teaching certificate valid 
in Ontario, and 

(iii) one of, 

(A) an Elementary School Princi- 
pal's Certificate, 

(B) a Secondary School Principal's 
Certificate, Type A, 

(C) a Secondary School Principal's 
Certificate, Type B, 

(D) a Secondary School Principal's 
Certificate, 

(E) a Program Supervision and 
Assessment qualification and, 
subsequent to obtaining such 
qualification, at least one year 
of successful experience as 
principal or vice-principal of a 
school, as certified by the 
appropriate supervisory 
officer, or 

(F) a Master of Education degree 
or a degree the Minister consid- 
ers equivalent thereto; or 

(b) in business administration acceptable to the 
Minister, at least two years of which is in the 
employ of a board in Ontario or of the Minis- 
try, and that he holds, 

(i) the degree of Bachelor of Arts or 
Bachelor of Science from an Ontario 
university or a degree the Minister 
considers equivalent thereto, or is an 
architect, a chartered accountant or a 
professional engineer, or holds a pro- 
fessional qualification the Minister 
considers equivalent thereto, and 

(ii) one of, 

(A) the degree of Master of Educa- 
tion or Master of Business 
Administration or a degree the 
Minister considers equivalent 
thereto, or 

(B) a certificate indicating suc- 
cessful completion of a program 
in school management ap- 
proved by the Minister and 



238 



EDUCATION 



Reg. 276 



evidence of successful comple- 
tion of two additional courses 
approved by the Minister for 
the purpose of thig clause; or 

(c) in business administration acceptable to the 
Minister, at least five years of which is in the 
employ of a board in Ontario or of the Minis- 
try, and that he holds, 

(i) a certificate as a Certified General 
Accountant, or a designation as a 
Registered Industrial Accountant from 
the Society of Management Accoun- 
tants, and 

(ii) the qualifications set out in sub- 
clause (b) (ii). O. Reg. 496/79, s. 2; 
O. Reg. 726/79, s. 1. 

(3) The examinations referred to in subsection (1) 
shall be held at such times and places as the 
Minister determines and shall be based on, 

(a) the Acts administered by the Minister and 
the regulations thereunder ; 

(b) the curriculum guidelines and other refer- 
ence material pertaining to elementary and 
secondary education in Ontario ; and 

(c) theories and practices of supervision, ad- 
ministration, and business organization 
that may be applicable to the effective 
operation of a school system. 

(4) Where a candidate obtains standing satis- 
factory to the Minister on each of the written 
and oral examinations referred to in subsection (1), 
the Minister shall grant him a Supervisory Officer's 
Certificate. O. Reg. 140/75, s. 2 (3, 4). 

3. — (1) A supervisory officer responsible for the 
development, implementation, operation and supervi- 
sion of educational programs in schools shall, 

(a) hold the qualifications set out in clause 2 (2) 
(a) and a Supervisory Officer's Certificate; or 

ib) be a person who is deemed to hold a Super- 
visory Officer's Certificate under section 
4. 6. Reg. 496/79, s. 3 (1). 

(2) A senior business official who, 

(a) reports to a director of education ; or 

(b) reports to an assistant director of edu- 
cation or associate director of education; 
or 

(f) is employed by a board that has an enrol- 
ment of more than 600 pupils and that 
does not employ a director of education. 



shall, subject to subsection (4), be a person who holds, 
or who under this Regulation is deemed to hold, a 
Supervisory Officer's Certificate, or who holds other 
qualifications acceptable to the Minister. O. Reg. 
140/75, s. 3 (2); O. Reg. 496/79, s. 3 (2). 

(3) A business official who, 

(a) is assigned one or more of the duties of a 
supervisory officer ; 

ib) reports to a senior business official referred 
to in subsection (2); and 

(c) has been appointed to a position designated 
by a board as superintendent, assistant 
superintendent, comptroller, assistant 
comptroller, business administrator or 
assistant business administrator or to a 
position that the board considers equivalent 
thereto and that has been approved by the 
Minister, 

shall, subject to subsection (4), be a person who holds, 
or who under this Regulation is deemed to hold, a 
Supervisory Officer's Certificate, or who holds other 
qualifications acceptable to the Minister. O. Reg. 
140/75, s. 3 (3); O. Reg. 496/79, s. 3 (3). 

(4) A board may, with the approval of the Minister, 
appoint as a senior business official to whom subsection 
(2) applies or a business official to whom subsection (3) 
applies, for a term fixed by the Minister, a person who 
does not hold a Supervisory Officer's Certificate and is 
not deemed to hold such certificate under this Regula- 
tion if, 

(a) such person holds the qualifications set out in 
subclause 2 (2) (h) (i) or subclause 2 (2) (c) (i) 
and agrees with the board in writing to com- 
plete the requirements of subclause 2 (2) (b) 
(ii) or subclause 2 (2) (c) (ii), as the ca.se may 
be, within the term fixed by the Minister and 
to be a candidate at the written or oral 
examinations referred to in subsection 2 (1) at 
the first opportunity available to such person; 
and 

(b) the board agrees with the Minister in writing 
that it will take all necessar>' steps to termi- 
nate the appointment of the person to such 
position forthwith upon the person ceasing to 
make satisfactory progress toward the com- 
pletion of such requirements. O. Reg. 496/ 
79, s. 3 (4). 

4. A person who, prior to the 1st day of July, 
1974, 

(a) held an Elementary School Inspector's 
Certificate, a Public School Inspector's 
Certificate, a Secondary School Principal's 
Certificate, or a Secondary School 
Principal's Certificate, Type A; or 



Reg. 276 



EDUCATION 



239 



(6) served £is a provincial inspector of second- 
ary schools or a municipal inspector of 
secondary schools, 

is deemed to hold a Supervisory Officer's Certificate. 
O. Reg. 140/75, s. 4. 

5. — (1) A person who was in the employ of a board 
on the 31st day of August, 1975, in a position referred to 
in subsection 3 (2) or (3), is deemed to hold a Supervisor*- 
Officer's Certificate. 

(2) A jjerson employed in the Ministry on the 
31st day of August, 1975, in a position that the 
Minister considers similar to one of those referred 
to in subsection 3 (2) or (3) is deemed to hold a Supervis- 
ory Officer's Certificate. O. Reg. 140/75, s. 5. 



PART II 

TRANSFER AND DISMISSAL 

6. — (1) In this section, "redundant" in respect 
of the position of a supervisory officer means no 
longer required to be filled by reason of, 

(a) the implementation by a board of a long 
range organizational plan of operation in 
respect of schools or of supervisory services 
that eliminates the position or merges it 
with another position ; 

(6) a reduction in the number of classes or 
in the business functions of the board for 
which supervision is required ; or 

(c) a change in duties or requirements placed 
upon boards by or under any Act that 
renders a supervisory service unnecessary 
or reduces the need for such service. 

(2) Where a board declares the position of a 
supervisory officer redundant, the board shall, 

(a) give the supervisory officer at least three 
months' notice in writing that the position 
has been declared redundant ; 

{b) transfer the supervisory officer to a position 
for which he is qualified, with supervisory 
and administrative responsibilities as 
similar as possible to those of his previous 
position ; and 

(c) pay the supervisory officer for at least 
one year following the date of the transfer 
with no reduction in his rate of salary. 
O. Reg. 140/75, s. 6. 

7. Where a board considers that a supervisory 
officer has neglected his duty or is guilty of mis- 
conduct or inefficiency, the board shall cause notice 
to be given in writing to the supervisory officer 
stating the alleged neglect, misconduct or in- 



efficiency and requiring that he app>ear before a 
committee of the board, on a specified date not 
less than six months from the date of the notice, 
to review his performance. O. Reg. 140/75, s. 7. 

8. — (1) Where the committee referred to in 
section 7 reports to the board that the work of the 
supervisory officer is so unsatisfactory as to con- 
stitute grounds for dismissal under section 257 of 
the Act, the board shall meet in committee of the 
whole board to consider the matter and, where 
with the approval of at least two-thirds of the 
members of the board such committee determines 
to forward to the board a recommendation of 
dismissal, such recommendation shall include the 
reasons therefor, and the chairman of the committee 
shall send a copy of the recommendation to the 
supervisory officer and shall advise him in writing 
that he is entitled to a hearing, to which Part I 
of the Statutory Powers Procedure Act, except subsec- 
tion 9 (1) thereof, shall apply, such hearing to be before 
the committee of the whole board, and that, if he does 
not request a hearing within fifteen days after the date of 
the advice, he shall be considered to have waived the 
hearing. 

(2) Where the supervisory officer requests a 
hearing, the board shall designate a person to be a 
party to the proceedings to represent the board 
at the hearing and shall forthwith communicate 
the name and address of the person so designated 
to the supervisory officer. O. Reg. 140/75, s. 8. 

9. — (1) After the hearing or after the super- 
visory officer has waived the hearing referred to 
in section 8, the committee of the whole board shall 
either withdraw its recommendation of dismissal or, 
where at least two-thirds of the members of the 
board approve the recommendation of dismissal, 
forward it to the board through the chairman of 
the board. 

(2) Upon receipt of the recommendation of dis- 
missal, the board shall vote upon it and, where 
at least two-thirds of the members of the board 
approve the recommendation, the supervisory officer 
is dismissed. O. Reg. 140/75, s. 9. 

10. Where a supervisory officer is dismissed in 
accordance with section 9, the board shall pay 
him a severance allowance equal to the salary to 
which he would have been entitled for the remainder 
of the school year or for six months, whichever is 
the greater. O. Reg. 140/75, s. 10. 

11. Where a supervisory officer is charged with an 
offence against the laws of Canada or Ontario 
in resj)ect of conduct that the board believes 
constitutes grounds for suspension under section 257 
of the Act, the board may suspend the supervisory 
officer from any or all of his duties and shall 
continue to pay him his salary until a court has 
finally decided the case and the time for making 
an appeal has passed. O. Reg. 140/75, s. 11. 



240 



EDUCATION 



Reg. 276 



12. Where a supervisory officer is convicted of 
an offence against the laws of Canada or Ontario 
in respect of conduct that the board believes 
constitutes grounds for dismissal under section 257 
of the Act, the board shall cause notice to be given 
in writing to the supervisory officer that it proposes 
to dismiss him, and such notice shall include the 
reasons for the proposed dismissal and shall advise 
the supervisory officer that he is entitled to a hearing, 
to which Part I of the Statutory Powers Procedure Act, 
except subsection 9(1) thereof, shall apply, such hearing 
to be before the committee of the whole board, and that 
if he does not request a hearing within fifteen days after 
the date of the notice, he shall be considered to have 
waived the hearing. O. Reg. 140/75, s. 12. 

13. — (1) After the hearing or after the supervisory 
officer has waived the hearing referred to in 



section 12, the board shall meet in committee of 
the whole board and, where at least two-thirds of 
the members of the board approve, forward a 
recommendation for dismissal to the board through 
the chairman of the board. 

(2) Upon receipt of the recommendation of 
dismissal, the board shall vote upon it and, where 
at least two-thirds of the members of the board 
approve the recommendation, the supervisory officer 
is dismissed. O. Reg. 140/75, s. 13. 

14. Where a supervisory officer is dismissed in 
accordance with section 13 and is paid a severance 
allowance, such allowance shall not exceed the 
severance allowance set out in section 10. O. Reg. 
140/75, s. 14. 



Reg. 277 



EDUCATION 



241 



REGULATION 277 



under the Education Act 



TEACHERS' CONTRACTS 

FORM OF CONTRACTS 

1. — (1) Every contract between a board and a 
permanent teacher shaD be in Form 1 . 

(2) Every contract between a board and a pro- 
bationary teacher shall be in Form 2. R.R.O. 1970, 
Reg. 208, s. 1. 

PAYMENT OF SALARIES 

2. — (1) A board shall pay the salary of a teacher 
under its jurisdicticm in the number of payments set 
forth in the contract but not fewer than ten. 

(2) Where during the term of a contract between 
a board and a teacher the salary of the teacher is 
changed by mutual agreement in writing between the 
board and the teacher, the contract shaU be deemed 
to be varied accordingly. R.R.O. 1970, Reg. 208, 
s.2. 

Form 1 

Education Act 
PERMANENT TEACHER'S CONTRACT 

This Agreement made in duplicate this day 

of , 19. . . ., between 

hereinafter called the "Board" and of 

the of in the Countv 



(or as the case may be) of . . 
hereinafter called the "Teacher". 



1. The Board agrees to employ the Teacher as a 
(jermanent teacher and the Teacher agrees to teadi 

for the Board commencing the day 

of 19 at a yearly salaiy 

of Dollars, subject to any changes in 

salary mutually agreed upon by the Teacher and the 

Board, payable in payments, 

(not fewer than ten) 
less any lawful deduction, in the following manner: 



i. Where there are ten payments, one-tenth on 
or before the last teaching day of each teach- 
ing month. 

ii. Where there are more than ten payments, 
at least one-twelfth on or before the last 
teaching day d each teaching month, any 
unpaid balance being payable on or before 
the last teaching day of June, or at the time 
of leaving the employ d the Board, which- 
ever is the earlier. 

2. This Agreement is subject to the Teacher's 
continuing to hold qualifications in accordance with 
the Acts and the regulations administered by the 
Minister. 

3. The Teacher agrees to be diligent aixl faithful 
in his duties during the period d his employment, and 
to perform such duties and teach such subjects as the 
Board may assign under the Acts and the regulations 
administered by the Minister. 

4. Where the Teacher attends an educational 
conference for which the school has been legally 
closed and his attendance thereat is certified by the 
supervisory officer concerned or by the chairman 
of the conference, the Board agrees to make no 
deductions ircxn the Teacher's salary for his absence 
during that attendance. 

5. Where an Act of Ontario or a regulation there- 
under authorizes the Teacher to be absent from 
sch(X)l without loss of pay, the Board agrees that no 
deduction from his pay will be made for the period of 
absence so authorized. 

6. This Agreement may be terminated, 

(a) at any time by the mutual consent in writing 
of the Teacher and the Board; or 

ib) on the 31st day of December in any year of 
the Teacher's emplojmient by either party 
giving written notice to the other on or 
before the last preceding 30th day of 
November; or 

(c) on the 31st day of August in any year of the 
Teacher's emplojmient by either party 
giving written notice to the other on or 
before the last preceding 31st day of May. 

7. The Teacher agrees with the Board that in 
the event of his entering into an agreement with 
another board he will within forty-eight hours notify 



242 



EDUCATION 



Reg. 277 



the Board in writing of the termination of this 
Agreement unless the notice has already been given. 

8. Where tho Teacher is to be transferred by the 
Board from a school in one municipality to a 
school in another municipality, the Board agrees to 
notify the Teacher in writing on or before the 1st 
day of May immediately prior to the school year for 
which the transfer is effective, but nothing in this 
paragraph prevents the transfer of a teacher at any 
time by mutual consent of the Board and the 
Teacher. 

9. This Agreement shall remain in force until 
terminated in accordance with any Act administered 
by the Minister or the regulations thereunder. 

In witness whereof the Teacher has signed and the 
Board has affixed hereto its corporate seal attested 
by its proper officers in that behalf. 



(signature of Chairman of the Board) 



(signature of Secretary of the Board) 



(signature of Teacher) 



R.R.O. 1970, Reg. 208, Form 1 ; O. Reg. 803/73, s. 1 ; 
O. Reg. 676/74, s. 1. 



Form 2 

Education Act 

PROBATIONARY TEACHER'S CONTRACT 

This Agreement made in duplicate this day 

of 19 .... , between 

hereinafter called the "Board" and of 

the of in the County] 

(or as the case may be) of 

hereinafter called the "Teacher". 

1. The Board agrees to employ the Teacher as a 
probationary teacher for a probationary period of 

years and the Teacher agrees to toacli 

for the. Board commencing the day of 

19 at a yearly salary of Dollars, 

subject to any changes in salary mutually agreed 
ujK)n by the Teacher and the Board, payable in 



payments, less any lawful 

(not fewer than ten) 

deduction, in the following manner: 

i. Where there are ten payments, one-tenth 
on or before the last teaching day of each 
teaching month. 

ii. Where there are more than ten payments, 
at least one-twelfth on or before the last 
teaching day of each teaching month, any 
unpaid balance being payable on or before 
thf last teaching day of June, or at the 
time of leaving thf employ of the Board, 
whichever is the earlier. 

2. This Agreement is subject to the Teacher's 
continuing to hold qualifications in accordance with 
the Acts and regulations administered by the 
Minister. 

3. The Teacher agrees to be diligent and faithful 
in his duties during the period of his employment, 
and to perform such duties and teach such subjects 
as the Board may assign under the Acts and 
regulations administered by the Minister. 

4. Where the Teacher attends an educational 
conference for which the school has been legally 
closed and his attendance thereat is certified by the 
supervisory officer concerned or by the chairman of 
the conference, the Board agrees to make no deduc- 
tions from the Teacher's salary for his absence 
during that attendance. 

5. Where an Act of Ontario or a regulation 
thereunder authorizes the Teacher to be absent 
from school without loss of pay, the Board agrees 
that no deduction from his pay will be made for 
the period of absence so authorized. 

6. Notwithstanding anything in this contract this 
Agreement may be terminated, 

(a) at any time by the mutual consent in writing 
of the Teacher and the Board; or 

(b) on the 31st day of December in any year of 
the Teacher's employment by either party 
giving written notice to the other on or 
before the last preceding 30th day of 
November; or 

(c) on the 31st day of August in any year of the 
Teacher's employment by either party 
giving written notice to the other on or 
before the last preceding 31st day of May. 

7. The Teacher agrees with the Board that in the 
event of his entering into an agreement with another 
board he will within forty-eight hours notify the Board 
in writing of the termination of this Agreement unless 
the notice has already been given. 



Reg. 277 



EDUCATION 



243 



8. Where this Agreement is not terminated under 
paragraph 6 at the conclusion of the probationary 
period in paragraph 1, the Teacher is deemed to be 
employed £is a permanent teacher by the Board. 



In Witness whereof the Teacher has signed and the 
Board h£is affixed hereto its corporate seal attested 
by its proper officers in that behalf.. 



(signature of Chairman of the Board) 
(signature of Secretary of the Board) 

(signature of Teacher) 



R.R.O. 1970. Reg. 208, Form 2; O. Reg. 803/73. s. 2; 
O. Reg. 676/74. s. 2. 



Reg. 278 



ELDERLY PERSONS CENTRES 



245 



REGULATION 278 

under the Elderlv Persons Centres Act 



GENERAL 

1. In this Regulation, 

(a) "architect" means an architect who is a 
member in good standing of the Ontario 
Association of Architects ; 

{b) "fiscal year" of a corporation means the 
period designated by the Minister as the 
fiscal year of the corporation; 

(c) "professional engineer" means a profes- 
sional engineer who is a member in good 
standing of the Association of Professional 
Engineers of the Province of Ontario. 
R.R.O. 1970, Reg. 235, s. 1; O. Reg. 347/79, 
s. 1. 

2. A municipality or an approved corporation that 
applies for or receives a grant under section 4 or 5 of the 
Act shall, if requested by the Minister, file with the 
Minister evidence that all or any part of a building or 
buildings used or to be used as an approved centre 
complies with, 

(a) the laws affecting the health of inhabitants of 
the municipality in which the centre is 
located; 

(b) any rule, regulation, direction or order of the 
local board of health and any direction or 
order of the medical officer of health; 

(f) any by-law of the municipality in which the 
centre is located or other law for the protection 
of persons from fire hazards; 

id) any restricted area, standard of housing or 
building by-law passed by the municipality in 
which the centre is located pursuant to Part 
III of the Planning Act or any predecessor 
thereof; 

(e) the requirements of Regulation 87 of Revised 
Regulations of Ontario, 1980 made under the 
Building Code Act; and 

(/) the requirements of Regulation 794 of 
Revised Regulations of Ontario, 1980 made 
under the Power Corporation Art. O. Reg. 
767/79, s. I, part. 

3. — (1) For the purposes of this section and sections 
4, 5, 6 and 7, 

(o) "actual cost" means the cost of a building 
project and includes. 



(i) fees payable for the services of an 
architect, professional engineer, or 
other consultant, 

(ii) the cost of purchasing and installing 
furnishings and equipment, 

(iii) the cost of land surveys, soil tests, 
permits, licences and legal fees, 

(iv) the cost of paving, sodding and land- 
scaping, and 

(v) the cost of acquiring the land necessary 
for the building project; 

(b) "applicant for a capital grant" means a 
municipality or an approved corporation that 
is applying or has applied for a grant under 
subsection 4 (1) of the Act for the erection, 
alteration, extension, renovation, acquisition 
or the furnishing and equipping of a centre; 

(f ) "approved cost" means that portion of the 
actual cost of a building project approved by 
the Minister; 

(d) "building project" means a project composed 
of one or more of the following elements: 

(i) for the purchase or other acquisition of 
all or any part of an existing building or 
buildings including the land contigu- 
ous thereto, 

(ii) any renovations, alterations or addi- 
tions to an existing building or build- 
ings, 

(iii) the purchase or other acquisition of 
vacant land for the purpose of con- 
structing a building or buildings there- 
on, 

(iv) the erection of a new building, or any 
part thereof, 

(v) the demolition of a building, 

(vi) the installation of public utilities, sew- 
ers and items or services necessary for 
access to the land or building or build- 
ings. 

(2) The amount of capital grant payable under the 
Act for a building project of a municipality or an 
approved corporation shall be equal to 30 per cent of the 



246 



ELDERLY PERSONS CENTRES 



Reg. 278 



approved cost of the building project. O. Reg. Ibljl^, 
s. 1, part. 

4. — (1) An application for a capital grant shall be 
made to the Minister on a form provided by the Minis- 
ter. 

(2) An applicant who applies under subsection (1) 
shall file with the Minister two copies of a site plan 
showing the location of the building or buildings, if any, 
on the site and, in the case of a building project with one 
or more of the elements referred to in subclause 3 (1) (d) 
(i), (ii), (iv) or (vi), 

(a) building plans and specifications prepared by 
an architect or professional engineer showing 
the structure, fixtures and arrangements of 
the building or buildings and describing the 
areas of the building or buildings to be used 
for the purposes of the Act; or 

(b) where the Minister approves, structural 
sketches and specifications prepared by a per- 
son other than an architect or professional 
engineer describing the building or buildings 
and the areas of the building or buildings or 
contiguous to the building or buildings to be 
used for the purposes of the Act. 

(3) No plan, specification or structural sketch filed 
with the Minister shall be amended or altered without 
the approval of the Minister. O. Reg. 767/79, s. 1, 
part. 

5. — (1) No payment of a capital grant shall be made 
for a building project except where, 

(a) the building project has been approved by the 
Minister; and 

(b) the approved cost has been determined. 

(2) An approval of a building project by the Minis- 
ter referred to in subsection (1) expires on the first 
anniversary of the date upon which the approval is 
given unless the building project has been commenced 
before such anniversary date. 

(3) A capital grant may be paid as a single payment 
or in two or more instalments and, except where the 
Minister directs otherwise, the aggregate of the 
amounts of the capital grant paid at any point in time 
shall not exceed, 

(a) an amount that bears the same proportion to 
the estimated total payment as the amount of 
progress made at the time towards completion 
of the project bears to thfe total estimated 
amount of work required for completion; or 

{b) an amount that bears the same proportion to 
the estimated total payment as the amount of 
cost incurred at the time bears to the total 
estimated cost of the project, 

whichever is the greater. 



(4) A single payment, or in the case of payment in 
two or more instalments, the final payment of an 
amount payable for a building project shall not be made 
until, 

(a) an architect or professional engineer certifies, 
or the Minister is otherwise satisfied, that the 
building project has been completed in 
accordance with the plans filed under clause 
4 (2) (a) or the sketches thereof approved by 
the Minister under clause 4 (2) (b) and the 
building or addition is ready for use and 
occupancy; and 

(b ) the applicant for the payment submits a report 
containing, 

(i) a statement of the actual cost of the 
building project, 

(ii) a statement indicating that all refund- 
able sales tax has been taken into 
account, 

(iii) a statement indicating that the total 
amount of the unpaid accounts applic- 
able to the building project does not 
exceed the amount of the grant 
remaining to be paid, and 

(iv) an undertaking that the amount of the 
grant remaining to be paid will be 
applied first to the payment of the 
unpaid accounts, 

and, where the applicant is an approved corporation, 
an authorized officer of the board of directors of the 
approved corporation certifies that the council of the 
municipality in which the centre is situate, or the coun- 
cil of that municipality togethef with the councils of one 
or more contiguous municipalities, has directed pay- 
ment to the corporation of an amount equal to at least 20 
per cent of the actual cost of the building project, or 
contributed to the corporation real or personal prop- 
erty, approved by the Minister, that is equivalent in 
value to at least 20 per cent of the actual cost of the 
building project. O. Reg. 767/79, s. I, part. 

6. No applicant for or recipient of a capital grant 
for a building project shall, 

(a) acquire a building or land for the building 
project; 

(6) call tenders for the building project; 

(c) commence construction of the building pro- 
ject; or 

(d) erect any temporary or permanent sign, tablet 
or plaque on the site or building project, 

without the written approval of the Minister. O. Reg. 
767/79, s. I, part. 



Reg. 278 



ELDERLY PERSONS CENTRES 



247 



7. It is a term and condition of a payment of a 
capital grant under the Act in respect of a building, 
buildings or land forming part of a building project that 
the applicant for the payment enter into an agreement 
with the Minister in which the applicant shall agree not 
to, 

(a) contravene the provisions of subsection 8(1) 
of the Act; 

(b) use all or any part of the building, buildings or 
land for a purpose other than that for which a 
grant has been or is payable; or 

(f) demolish or make alterations or additions to 
all or any part of the building or buildings. 

without the written approval of the Minister and the 
Minister may require, as a condition of the approval of 
the payment, that the recipient repay the whole or such 
part of the payment as the Minister considers approp- 
riate in the circumstances where there is a default under 
the agreement. O. Reg. 767/79, s. I, part. 

8. Expenditures incurred by a municipality or an 
approved corporation for furnishings or equipment, or 
for repairs to or maintenance of a capital asset that. 

(a) are approved by the Minister as capital 
expenditures; 

(b) are, in the opinion of the Minister, necessary 
for the efficient operation of an approved 
centre and the cost of which is not excessive 
for the purpose; and 

(c) are in excess of $300, 

are capital expenditures for which a grant may be paid 
under subsection 4 (1) of the Act, upon application by 
the municipality or the approved corporation in an 
amount equal to 30 per cent of the amount of the 
approved expenditures incurred. O. Reg. 767/79, 
s. I, part. 

9. A municipality or an approved corporation shall 
in respect of every approved centre operated by it keep 
and mayitain an inventory of all furnishings and 
equipment acquired by the centre and the inventory- 
shall set forth each addition to or removal from inven- 
tory- and the reasons therefor and shall be prepared in 
such manner and contain such additional information 
as the Director may require. O. Reg. 767/79, s. 1, 
part. 

10. — (1) An application by a municipality or an 
approved corporation, as the case may be, for payment 
of the subsidy under subsection 4 (2) of the Act, shall 
be made in a form provided by the Minister and may 
be submitted monthly, quarter-yearly, half-yearly or 
yearly and shall be submitted to the Director not later 
than the last day of the month immediately following 
the period for which the application is made. 

(2) Subject to subsections (3) and (4), the monthly 
amount to be paid under subsection 4 (2) of the Act 



shall be up to 50 per cent of the net monthly cost to the 
municipality or approved corporation of maintaining 
and operating its approved centre or centres, deter- 
mined in accordance with the form referred to in sub- 
section (1). 

(3) In respect of expenditures incurred on and after 
the 1st day of January, 1974, the monthly amount to 
be paid under subsection 4 (2) of the Act for any 
approved centre maintained and operated by a 
municipality or approved corporation shall not exceed 
SI, 250. O. Reg. 1039/80, s. 1. 

(4) In determining the maximum net monthly 
expenditure under subsection (2), 

(a) the Director may average the exp)enditure for 
any approved centre by the municipality or 
approved corporation, as the case may be, 
over the fiscal year of the approved centre or 
approved corporation; 

(b) the cost of rent or the monthly amount 
repaid for principal and interest under a 
mortgage in respect of an approved centre 
for which a capital grant has been paid 
under subsection 4 (1) of the Act shall not be 
included. O. Reg. 203/73, s. 4; O. Reg. 
347/79, s. 2. 

11. The sum payable by a municipality or 
municipalities, as the case may be, to an approved 
corporation under subsection 4 (2) of the Act shall be 
equal to at least 20 per cent of the net monthly cost to 
the corporation of maintaining and operating its 
approved centre or centres determined in accordance 
with the form referred to in subsection 10 (1). 
O. Reg. 1039/80, s. 2, part. 

12. It is a term and condition of payment of a grant 
under subsection 4 (2) of the Act that the net monthly 
cost of maintaining and operating an approved centre 
for the purposes of the form referred to in subsection 
10 ( 1) be approved by the Director. O. Reg. 1039/80, 
s. 2, part. 

13. A grant ma\' be paid under section 5 of the Act to a 
municipality or to an approved corporation for costs of 
a program of services for elderly persons in an approved 
centre, but in no case shall the total grant under section 
5 of the Act exceed $15,000 for any approved centre 
during any fiscal year. O. Reg. 347/79, s. 3. 

14. A municipality or an approved corporation 
shall in respect of every approved centre operated 
by it, 

(a) provide a program of services approved 
by the Minister; 

{b) provide, when requested by the Director, 
a letter from the local hrt- chief stating 
that the premises meet all the rt(iuirements 
of any statute, regulation or by-law for the 



248 



ELDERLY PERSONS CENTRES 



Reg. 278 



protection from fire of persons using the 
premises ; 

(c) establish requirements and policies for the 
admission of elderly persons to the facilities 
and services of a centre that are satis- 
factory to the Director; 

(d) keep separate books of account, 

(i) setting forth the revenues and ex- 
penditures of the centre, 

(ii) containing a separate record of the 
moneys received by the centre from 
sources other than under the Act, 
and 

(iii) that are audited at least once a year 
by a licensed public accountant in 
the case of the approved corporation 
and an auditor licensed in accordance 
with the Municipal Affairs Act and 
appointed in accordance with the 
Municipal Act in the case of the 
municipality; 

(e) furnish to the Director not later than the last 
day of the fourth month following the end of 
each fiscal year financial statement of the 
centre for the immediately preceding fiscal 



year together with a report of a licensed public 
accountant in the cjise of the approved corpo- 
ration or of an auditor licensed in accordance 
with the Municipal Affairs Act and appointed 
in accordance with the Municipal Act in the 
case of the municipality stating whether in 
his opinion, 

(i) he has received all the information and 
explanations he has required, 

(ii) the financial statement and the claims 
for provincial subsidy are in accor- 
dance with the books and records of 
the centre and approved corporation, 
as the case may be, 

(iii) the calculation of the provincial sub- 
sidy is in accordance with the Regula- 
tions, and 

(iv) the financial statement has been pre- 
pared in accordance with generally 
accepted accounting principles applied 
on a basis consistent with that of the 
preceding year, 

and such other financial and statistical infor- 
mation as the Director may require. 
R.R.O. 1970, Reg. 235, s. 9; O. Reg. 117/71 
s. 5 (1-5); O. Reg. 40/72, s. 6; O. Reg. 
203/73, s. 6; O. Reg. 347/79, s. 4. 



Reg. 279 ELECTION 249 

REGULATION 279 

under the Klection Act 

FEES AND EXPENSES 

I. The fees and expenses allowed under the Act are set forth in the Schedule. O. Reg. 517/80, s. 1. 

Schedule 

Notes: 

1. In this Schedule, 

(rt) "necessary", "reasonable" anfl "related" mean necessary, reasonable and related, as the case may 
be, in the opinion of the Chief Election Officer; 

{b) "rural" means, 

(i) a municipality not described in clause (c), 

(ii) territory without municipal organization, and 

(iii) polling rlivisions designated as rural b\ the Chief Election Officer on the recommendation 
of the returning officer such as those which are rural in character but located in newly- 
organized urban cities and towns, and, where designated "rural", polling divisions remain 
so for all purposes during the election period; 

(f ) "urban" means, 

(i) a city, town, village or improvement district having a population of at least 5,000, 

(ii) a township having a population of at least 10,000, and 

(iii) a municipality adjacent to a city having a population of at least 100,000. 

2. For the purpose of declaring a polling division to be rural or urban, the population figures used shall be 
those shown in the latest Ontario Municipal Directory. 

3 For all printing and for an> items purchased for use at a provincial election , Federal and Ontario sales tax 
applies. 

4. Sujjplicrs' invoices must be checked for accurac\ as to quantity received, price, extensions and sales tax, 
certified with the approval stamp and the original signature of the returning officer, and submitted to the 
Election Office for approval and pa\ ment. 

All suppliers' invoices must be headed up as follows: 

BILLED TO: (name of returning officer) 

Returning Officer for the Electoral District of (Name of electoral district) 

(Address of returning officer)* 

'■•Home address for post-election billings. 

5 . The fees and allowable exf)enses prescribed in items 5 and 7 under "Fees and Expenses" may be pro-rated 
flownwards where such duties are directed by the Chief Election Officer to be done more than once 
between elections. 

6. Being fees, the amounts payable to persons appointed as enumerators or poll officials etc. are not required 
to equal minimum wage requirements but efforts are made to make the fees competitive. 



250 ELECTION Reg. 279 

7. Where the amounts provided in the following items of this Schedule do not, by reason of the size and 
character of the electoral district or other special circumstances, constitute adequate remuneration to 
election officers and other persons employed at or with respect to an election, including landlords of 
premises used for the purpose of the election, the Chief Election Officer may authorize the payment of 
such extra amount as he deems necessary to provide sufficient remuneration. Where an extra amount is 
paid, that extra amount shall not exceed 30 per cent of the amount that is otherwise payable. 

FEES AND EXPENSES 

BEFORE AND DURING AN ELECTION 

1. Travel for Returning Officer 

Paid once for each official review and changes 

Paid once during an election 

RURAL — personal driving The amount per kilometre 

allowable at the relevant time to a civil servant in accordance with the 
policy established by Management Board of Cabinet in the Manual of 
Administration 

— other transportation and related travel expenses Receipts 

URBAN — for each polling place and advance poll $2.50 

2. Sundry Items fjj 

« 
Reimbursement of cash outlays for office supplies, stationery, postage, pay tele- 
phone calls, base map{s) and required copies of final map{s) etc., but excluding 
meals Receipts 

3. Payment for any election expenses not specifically set out herein but considered 
necessary and reasonable for the proper conduct of an election Receipts 

BEFORE AN ELECTION 

4. Course on electoral procedure 

Attendance — including part payment for part days $95.00 a day 

Personal driving The amount per kilometre 

allowable at the relevant time to a civil servant in accordance with the policy 
established by Management Board of Cabinet in the Manual of Administration 

Other transportation and related travel expense Receipts 

PAYABLE TO RETURNING OFFICER 

5. Polling Divisions 

Review, when ordered by the Chief Election Officer $250.00 

Changes, when determined as necessary after review, with detailed descriptions of 

all areas or boundaries $500.00 

Maps, preparation of map or maps of electoral district with polling division bound- 
aries and poll numbers shown by bold dark lines in such manner as to be suitable for 
reproduction of copies sufficient for the distribution noted in item 9 $250.00 

Typed descriptions, on 8'/i x 14 inch white paper as per format supplied by the 
Election Office and including the production of carbon or machine copies sufficient 
for the distribution noted in item 9 $300.00 



Reg. 279 ELECTION 251 

6. Storage of election supplies at home or elsewhere (no insurance required) $ 20.00 a month 

7 . Key — preparation of original or revised Key to urban polling divisions, typed on 8 Vz 
X 14 inch white paper as per format supplied by the Election Office and including 
the production of carbon or machine copies sufficient for the distribution as noted in 

item 9 $ 8.50 per original 

page 

PLUS — in an urban electoral district $315.00 

— in a mixed urban and rural electoral district (amount determined by the 

Chief Election Officer) $ 65.00 minimum 

8. Selection of polling places and any necessary rental agreement negotiations .... $315.00 

9. Distribution of maps, descriptions and keys 

One copy to the Chief Election Officer 

One copy to the local association of each party 

Copies required for use in the returning office 

During an Election 
returning officer 

10. Personal fee 

All duties including revision $2,000.00 

PLUS — Name fee — for each name on the polling list 

If a poll is held (minimum $3,000.00) $ .10 

If no poll is held (minimum $1,500.00) $ .05 

PAYMENT OF OFFICE OR OTHER PERSONNEL 

1 1 . Stenographers, typists, clerical assistants and other help in the returning office and 
for persons to post advance poll and notices of poll — for each name on the polling 

list $ .11 

Cost of film projectionist where necessary Vouchers 

RENTALS 

12. Office rental as approved by the Chief Election Officer Approved 

Contract 

Facilities for instruction meetings, office furniture, business machines and film 
projector Vouchers 

ELECTION CLERK 

13. Personal Fee 

All duties including those of assistant revising officer if recommended by the 

returning officer and approved by the Chief Election Officer 3/5 of item 10 

14. Rural Travel (there is no urban allowance for election clerks) 

Personal driving as directed by the returning officer 

The amount per kilometre allowable at the relevant time to a civil servant in 



252 ELECTION Reg. 279 

accordance with the policy established by Management Board of Cabinet in the 
Manual of Administration 

Related rural travel expenses as approved by the returning officer Receipts 



15. Attendance by a returning officer and election clerk at a judicial recount or appeal 

from decision on recount and paid to each $95.00 a day 

ASSISTANT REVISING OFFICER 
(other than election clerk) 

16. In special circumstances when appointed by the returning officer with the approval 
of the Chief Election Officer 

All duties as directed and for those polling divisions allocated by the returning 

officer $65 . 00 a da>' 

PLUS — if located other than in the returning office 

Personal driving in rural areas 

The amount per kilometre allowable at the relevant time to a civil .servant 
in accordance with the policy established by Management Board of 
Cabinet in the Manual of Administration 

Other rural transportation and related travel expense Receipts 

Sundry supplies Receipts 

REGULAR ENUMERATORS 

17. For the enumeration of a polling division and the preparation and posting of the 
typed list of voters as directed and approved by the returning officer and paid to each 

Basic fee, including personal driving and incidentals i: jji 

Rural $55.00 

Urban $40.00 

Attendance at class of instruction including travel to and from $15.00 

For each name on typed list submitted to the returning officer $ .30 

Personal driving in rural or mixed rural and urban electoral districts delivering lists 

to the returning officer after a total of 16 kilometres of travel 

The amount per kilometre allowable at the relevant time to a civil servant in 
accordance with the policy established by Management Board of Cabinet in the 
Manual of Administration 

Typing of lists by other than the enumerators, to be deducted from the total fee 

payable to each $ .04 a name 

SPECIAL ENUMERATORS 

18. Special enumeration or other office duties as directed by the returning officer and 

paid to each $40.00 a day 

Personal driving, rural and urban — paid for one vehicle per pair of enumerators 

The amount per kilometre allowable at the 

relevant time to a civil servant in accordance with the policy established by Man- 
agement Board of Cabinet in the Manual of Administration 



Reg. 279 ELECTION 253 

POLLING PLACE RENTAL 

19. Furnished as per poll rental agreement 

per polling place $50.00 a day 

DEPUTY RETURNING OFFICER 

20. All duties in connection with attending and holding a poll and making a return, 

including advance polls $60.00 a day 

Attendance at class of instruction including travel to and from $15.00 

Postage returning ballot box in remote areas Receipts 

Personal driving in rural or mixed rural and urban electoral districts picking up or 
returning election material after a total of 16 kilometres of travel in each case 

The amount per kilometre allowable at the 

relevant time to a civil servant in accordance with the polic>- established by Man- 
agement Board of Cabinet in the Manual of Administration 

POLL CLERK 

21. All duties in connection with attending and holding a poll, including advance polls $45.00 a day 
Attendance at class of instruction including travel to and from $15.00 

CONSTABLES 

22. In the capacity of Poll Co-ordinator 

Attendance at a polling location when 3 or more polling places are being held . . $60.00 a day 
Attendance at class of mstruction including travel to and from $15.00 

23. In the capacity of Traffic Director if required in a poll $30.00 

SECURITY GUARD 

24. When required by the returning officer and authorized by the Chief Election Officer Vouchers 

PRINTING 

Excluding any sundry printing, the following items must be printed according to 
specifications produced by the Chief Election Officer and supplied to each printer by 
the returning officer. The prescribed affidavit taken by the printer and the 
returning officer must be filed with the Election Office before any payment is 
approved. 

LIST OF ELECTORS 

25. For reproducing from pages supplied by the returning officer up to 100 copies of 
each page, gathered and stitched into poll sets by page number, the sets sorted into 
poll number sequence and delivered to the returning officer including up to 25 
complete sets, trimmed and bound with cardboard covers — 

Reproduced by a printing method such as photo-offset up to $26.00 a page 

Reproduced by a machine copier such as Xerox, etc up to $18.00 a page 

Reproduced by a machine copier such as Xerox, etc. at the returning office .... up to $13.00 a page 

PROCLAMATION 

26. As sample format — up to a maximum of 300 copies up to $125.00 a lot 



254 ELECTION Reg. 279 

ADVANCE POLL NOTICE 

27. As sample format — up to a maximum of 100 copies up to $105.00 a lot 

NOTICE OF POLL 

28. Front page — as sample format — up to a maximum of 400 copies which includes 

200 copies for sets below up to $125.00 a lot 

29. Follow sheets (*) from pages supplied by the returning officer, to be sorted and 
gathered with the above front page into proper sequence and stitched in a set — up 
to a maximum of 200 sets for each original follow page — 

Reproduced by a printing method such as photo-offset up to $26.00 a page 

Reproduced by a machine copier such as Xerox, etc up to $18.00 a page 

Reproduced by a machine copier such as Xerox, etc. at the returning office .... up to $13.00 a page 

* (use 'key' for urban polling places, poll descriptions for rural polling places) 

BALLOTS 

30. Printing 2 sides, numbering once on perforated stub and stitched or stapled (no 
gumming) into pads of 25 ballots each — per 1,000 ballots — 

Printed with the names of 2 or 3 candidates up to $26.00 

For each additional name on ballot up to $1.35 

SUNDRY PRINTING 

31. As ordered by the returning officer Invoices 

The following electoral districts have been designated as "Northern" and will be 

subject to special allowance: -' .. 

Algoma Parr\' Sound 

Algoma-Manitoulin Port Arthur 

Cochrane North Rainy River 

Cochrane South Renfrew North 

Fort William Sault Ste. Marie 

Kenora Sudbury 

Lake Nipigon Sudbury East 

Nickel Belt Timiskaming 
Nipissing 

SPECIAL FEES IN NORTHERN ELECTORAL DISTRICTS 

Urban travel allowance — for each polling place and advance poll $ 2.65 

Name fee — minimum payable — if poll is held $4,500.00 

— if no poll is held . . . , $2,500.00 

O. Reg. 517/80, Sched. 



Reg. 280 



EMPLOYMENT AGENCIES 



255 



REGULATION 280 

under the Employment Agencies Act 



GENERAL 

1. In this Regulation, 

(a) "homemaker" means a person who per- 
forms housekeeping services, includ- 
ing cleaning, other than as a sitter only; 

(6) "operator" means a person who carries 
on the business of an employment agency ; 

(c) "sitter" means a person who is respon- 
sible for the safekeeping of a person in 
his charge and who performs no other 
services. R.R.O. 1970, Reg. 241, s. 1. 

2. Employment agencies are classified as, 

(a) Class A employment agencies, consisting of 
employment agencies that procure persons 
for employment ; 

(b) Class B employment agencies, consisting of 
employment agencies that procure employ- 
ment for persons other than sitters or home- 
makers; 

(c) Class C employment agencies, consisting of 
employment agencies that procure employ- 
ment for sitters only; and 

(rf) Class D employment agencies, consisting of 
employment agencies that procure employ- 
ment for homemakers or homemakers. and 
.sitters. R.R.O. 1970, Reg. 241, s. 2. 

3. No operator of an employment agency of a class 
shall have any financial interest, whether proprietary 
or otherwise, in an employment agency of another 
class. R.R.O. 1970, Reg. 241, s. 3. 

4. — (1) An application for a licence other than 
by renewal shall be in Form 1. 

(2) Subject to subsection (3), an application for 
a renewal of a licence shall be in Form 2 and 
shall be made not later than the 1st day of March 
next following the date of issue of the licence being 
renewed. 



(3) Where a licence is issued during the period 
from the 1st day of March to the 31st day of 
March next following, in any year, the applica- 
tion for renewal of the licence shall be made upon 
receipt of the licence. 



(4) A licence to carry on an employment agency 
shall be in Form 3. 

(5) The fee for a licence or renewal is, 

(a) for a Class A or Class B employment 
agency, $100; 

{b) for a Class C employment agency, $25; 
and 

(c) for a Class D employment agency, $50. 

(6) A licence is not transferable. R.R.O. 1970, 
Reg. 241, s. 4. 

5. Every licensee shall immediately notify the 
supervisor in writing, 

(a) of any proposed change, 

(i) in the name of the Ucensee, 

(ii) in the trade name of the em- 
ployment agency, or 

(iii) in the address of any place of 
business of the employment agency, 

that is shown on the Ucence ; 

(6) in the case of a partnership, of any pro- 
posed change in the members of the 
partnership ; 

(c) of any proposed sale of the employment 
agency or of any place of business of the 
employment agency; or 

{d) of the proposed termination of the em- 
ployment agency or of any place of business 

of the employment agency. R.R.O. 1970, 
Reg. 241, s. 5. 

6. — (1) An applicant for a licence or a renewal 
shall be at least eighteen years of age. 

(2) The business for which an applicant applies 
for a licence or a renewal shall have a permanent 
place of business in Ontario. R.R.O. 1970, Reg. 241, 
s. 6. 

7. A licence shall not be issued where an applica- 
tion for a licence shows a trade name that is 
the same as or similar to a trade name that 
appears on a licence that has been issued to another 
applicant for another employment agency so as to be 
likely to confuse or to deceive and. 



256 



EMPLOYMENT AGENCIES 



Reg. 280 



(a) the licence is in force ; or 

(6) an application for renewal of the licence 
has been made. R.R.O. 1970, Reg. 241, 
s. 7. 

8. — (1) In this section "franchise agreement" 
means an agreement under the terms of which 
the owner of a trade name grants to a jserson 
or group of persons the right to use the trade 
name. 

(2) Where an application for a licence shows a 
trade name that has been granted to the apphcant 
under a franchise agreement, the applicant may 
be issued a licence to operate an employment 
agency. 

(3) Notwithstanding section 7, where a franchise 
agreement has been entered into, a trade name 
may be used in common by more than one licensee 
so long as each licensee who publishes or displays, 
or causes to be published or displayed, or j)ermits 
to be published or displayed any notice, sign, 
advertisement, or publication inserts or causes to 
be inserted in the notice, sign, advertisement or 
publication his name and address. R.R.O. 1970, 
Reg. 241, s. 8. 

9. Where a Ucensee intends to terminate the 
business of the employment agency for which he 
is licensed for the purpose of appljdng for a licence 
to carry on an employment agency of a class other 
than the class for which he is licensed, the licensee 
shall immediately notify the supervisor in writing of 
his intention, 

(a) to terminate the business of the employment 
agency for which he is licensed; and 

(6) to apply for a licence to carry on an 
employment agency of the proposed class. 
R.R.O. 1.970, Reg. 241, s. 9. 

10. — (1) The security furnished under clause 3 (c) of 
the Act shall be, 

(a) where the employment agency is a Class 
A or Class B employment agency, $1,000 
plus $500 in respect of a second place of 
business and $250 in respect of each ad- 
ditional place of business ; or 

(b) where the employment agency is a Class 
C or Class D employment agency, $100 
in respect of each place of business. 

(2) The security referred to in subsection (1) shall be 
secured by, 

(a) a personal bond in Form 4 accompanied 
by collateral security ; or 

0) a bond of a guarantee company approved 
under the Guarantee Companies Securities 
Act in Form 5. 



(3) The collateral security accompanying a bond 
shall have a cash value of not less than the amount 

prescribed in clause (1) (a), where the employment 
agency is a Class A or Class B employment agency, 
and shall have a cash value of not less than the amount 
prescribed in clause (1) (6), where the employment 
agency is a Class C or Class D employment agency, 
and shall be, 

(a) a bond issued or guranteed by Canada; 
or 

(b) a bond issued or guaranteed by Ontario, 
so long as the bond is transferable and assignable. 

(4) A bond may be cancelled by any j)erson bound 
thereby by giving to the supervisor at least two 
months' notice in writing of intention to cancel 
and it shall be deemed to be cancelled on the date 
stated in the notice which date shall be not less than 
two months after receipt of the notice by the 
supervisor. 

(5) For the purpose of every act or omission 
occurring during the period when the bond was 
in effect prior to cancellation, every bond shall 
continue in force, and the collateral security, if any, 
shall remain on deposit for a period of six months 
after the cancellation of the bond. R.R.O. 1970, Reg. 
241, s. 10. 

11. A Class A employment agency shall not charge 
a fee for any service rendered to any person whom it 
procures for employment. R.R.O. 1970, Reg. 241, 
s. 11. 

12. — (1) A Class B employment agency shall not 
charge an apphcant for employment a registration 
fee of more than $2 in each twelve-month period. 

(2) A Class B employment agency shall not charge 
a fee for procuring employment for a person, 

(a) where the employment is on an hourly 
basis, of more than one-eighth of the 
person's pay for the first day; 

(6) where the employment is on a daily basis, 
of more than the proportion of the first 
day's pay of the person that one hour 
bears to the total number of hours worked 
in the day ; 

(c) where the employment is on a weekly basis, 
of more than one-seventh of the person's 
pay for the first week ; 

(d) where the employment is on a monthly 
basis, of more than four-thirtieths of the 
person's pay for the first month; and 

(e) where the employment is on an annual 
basis, of more than 5 per cent of the person's 
pay for the first year payable in three 
months. 



Reg. 280 



EMPLOYMENT AGENCIES 



257 



(3) Where an annual, employment referred to in 
clause (2) (e) is terminated before the end of the first 
year, the employment agency shall refund the same 
proportion of the fee as the proportion that the 
remaining part of the year bears to the year. 

(4) A Class B employment agency shall not 
charge any fee, reward or other remuneration in 

addition to those referred to in this section. 
R.R.O. 1970, Reg. 241, s. 12. 

13. — (1) A Class C employment agency shall not 
charge a fee for procuring employment for a sitter 
of more than 15 per cent of the amount received 
by the sitter in respect of the employment procured 
by the agency, but the period for which the fee 
is charged shall not exceed thirty days. 

(2) A Class C employment agency shall not 
charge any fee, reward or other remuneration in 

addition to the fee referred to in subsection (1). 
R.R.O. 1970, Reg. 241, s. 13. 

14. — (1) A Class D employment agency shall not 
charge a fee for procuring employment for a home- 
maker or sitter of more than 10 per cent of the 
amount received by the homemaker or sitter in 
respect of the employment procured by the agency, 
but the period for which the fee is charged shall not 
exceed four months. 

(2) A Class D employment agency shall not 
charge any fee, reward or other remuneration in 
addition to the fee referred to in subsection (1). 
R.R.O. 1970, Reg. 241, s. 14. 

15. Where a Class A, B, C or D employment 
agency advertises that employment is available, 
the employment agency shall at the request of the 
supervisor furnish the supervisor with the name 
and address of the employer who has the employment 
available. R.R.O. 1970, Reg. 241, s. 15. 

16. An employment agency shall issue a receipt 
for aU money received for its services showing the 
service for which the money was paid and shall 
retain a duplicate copy of the receipt in its records. 
R.R.O. 1970, Reg. 241, s. 16. 

17. — (1) No employment agency shall refer a 
person for employment unless, 

(a) the employment agency has received a 
request from an employer for a person 
for the employment ; or 

(b) the person has requested the employ- 
ment agency to find employment for 
him. 

(2) Where a person is referred by an employment 
agency for employment, the employment agency 
shall provide the person with a statement showing, 



(a) the trade name and address of the em- 
ployment agency ; 

(6) the full name of the person referred for 
employment ; and 

(c) in the case of a person referred for em- 
ployment in a private residence, that the 
person has had a negative X-ray or a 
negative tuberculin test indicating that the 
person does not have active tuberculosis, 
and showing that the person has been 
examined by a legally qualified medical 
practitioner and is considered, 

(i) fit for employment, or 

(ii) subject to specified work limita- 
tions, fit for employment, 

within the twelve-month period preced- 
ing the date the person was referred for 
employment, 

and the person shall submit the statement to 
the prospective employer for his information in 
determining whether or not to employ the person. 
R.R.O. 1970, Reg. 241, s. 17. 



18. In addition to any other records required to 
be kept by an employment agency, every em- 
ployment agency shall make and keep records 
showing, 

(a) the name, address and qualifications of 
each person whose application for em- 
ployment is accepted by the employment 
agency ; 

(b) the name and address of each person from 
whom the employment agency has received 
a request for a person for employment; 
and 

(c) in the case of, 

(i) a Class A employment agency, 
the name and address of every 
person whom the agency procures 
for employment and the name and 
address of the employer for whom 
such person is procured and the 
amount of fee, reward or other 
remuneration paid by each such 
employer to the employment agency, 
and 

(ii) a Class B, C or D employment 
agency, the name and address of 
every person for whom employment 
has been procured and the amount 
of fee, reward or other remuneration 
paid by each such person to the 
employment agency and the name 



258 



EMPLOYMENT AGENCIES 



Reg. 280 



and address of the employer of 
each person for whom employment 
has been procured. R.R.O. 1970, 
Reg. 241, s. 18. 

19. Where an applicant for a licence or a licensee 
is a corporation, the applicant or licensee, as 
the case may be, shall affix the seal of the corporation 



to any form required to be completed by the ap- 
plicant or licensee, as the case may be, under this 
Regulation. R.R.O. 1970, Reg. 241, s. 19. 

20. The supervisor, or a person designated by the 
supervisor, may at any time carry out an inspection 
of any employment agency. R.R.O. 1970, Reg. 241, 
s. 20. 



Form 1 

Employment Agencies Act 

APPLICATION FOR LICENCE 

Date of Application ,19 

Application is made by 

(name of applicant, including the name of each partner if applicant is a partnership) 

carrying on business under the trade name of 

at 

(address) 

for a licence to engage in the business of a 

(Class A, Class B, Class C or Class D) 

emplojonent agency, and for the purpose of procuring a licence gives the following information : 

1. The applicant is responsible for the emplojntnent agency and the employment agency is registered 
in the name of the applicant, and 



O The applicant is an individual and sets out below the full name, address and telephone number of 
the applicant : 



Name in Full 


Residence Address 


"- 

City or Town 


Residence 

Telephone 

Number 


State Whether Active 

or Non-Active in 

Business of 

Emjdoyment Agency 











































Reg. 280 



EMPLOYMENT AGENCIES 



259 



□ The applicant is a partnership and furnishes herewith a copy of its partnership agreement and sets 
out below the full name, address and telephone number of each partner in the partnership: 



Name in Full 


Residence Address 


City or Town 


Residence 

Telephone 

Number 


State Whether Active 

or Non-Active in 

Business of 

Emplo)rment Agency 

































D The applicant is a corporaticm and furnishes herewith a copy of its letters patent or certificate 

of incorporation and states that its head office is at 

and sets out below the names, residence addresses and telephone numbers of its officers and 
directors : 



Name in Full 


Residence Address 


City or Town 


Residence 

Telephone 

Number 


Officers 


State Whether Active 

or Non-Active in 

Business of 

Employment Agency 










President 












Vice- 
President 












Secretary 












Treasurer 
or 












Secretary- 
Treasurer 












Directors 





























* 2. The business reputation of the applicant is weU known to the three following persons who are not 
related in any way to the applicant : 



Name 


City or Town 


Street Address 


Business or 
Occupation 


Length of 
Time Known 

































260 



EMPLOYMENT AGENCIES 



Reg. 280 



• In tne case of a partnership, three references must be given for each partner and in the case of a cor- 
poration, three references must be given for each officer and for each director. 

3. The address of the employment agency, including the address of any other place of business (if any) 
where the employment agency is carried on, is as follows : 



4. Set out below the trade names and addresses (if any) under which the applicant carries on, or has 
carried on, the business of an employment agency : 



Trade Name 


Address 


Licence No. 


Commencement and 
Termination Dates, If Any 



























5. Has the applicant heretofore been licensed or applied for a licence to carry on an employment 



agency ; 



If so, give particulars : 



Yes D 



No D 



6. Has the applicant ever been refused a licence or registration to carry on business or engage in a trade 
or occupation or has such licence or registration been revoked or suspended in any country, or 
province or state thereof ? 



Yes D 



No D 



If so, give particulars : 



*7. Has the applicant been expelled from any professional association ? 

Yes D No D 

If so, give particulars : 



* Where the applicant is a partnership, this item applies to each partner and where the applicant is 
a cor{)oration this item applies to each officer and to each director. 

8. The following is a short business record during the past three years of the applicant : 



Reg. 280 EMPLOYMENT AGENCIES 261 

9. Is the applicant, or will the applicant be, engaged, occupied or enxployed in any business, oc- 
cupation or profession other than the business of an employment agency? 

Yes n No n 

If so, give particulars : 



*10. Is the applicant an undischarged bankrupt? 

Yes D No n 

If so, give particulars : 



* Where the applicant is a partnership, this item applies to each partner and where the applicant is a 
corporation, this item applies to each officer and to each director. 

*11. Is there any unpaid judgment against the applicant ? 

Yes D No D 

If so, give particulars : 



• Where the applicant is a partnership, this item applies to each partner, and where the applicant is a 
corporation, this item applies to each officer and to each director. 

*12. Has the applicant been charged, indicted or convicted of a criminal offence under any law of any 
country or state or province thereof, or are there any proceedings now pending? 

Yes D No D 

* Where the applicant is a partnership, this item applies to each partner and where the applicant is a 
corporation, this item applies to eadi officer and to each director. 

If so, give particulars : 



13. Is the applicant's business carried on under a franchise agreement ? 

Yes D No D 

If so, enclose a copy of the franchise agreement with this application. 



(witness) 



(address of witness) (signatures of applicant) 

R.R.O. 1970, Reg. 241, Form 1. 



262 EMPLOYMENT AGENCIES Reg. 280 

Form 2 

Employment Agencies Act 

APPLICATION FOR RENEWAL OF LICENCE 

Date of Application 19 

Application is made for the renewal of Licence No being a licence to engage in the business 

of a employment agency, for the year ending on the 31st day of March, 

(Class A, Class B, Class C or Class D) 

19.... 

1. The applicant is 

(name of applicant, including the name of each partner if applicant is a partnership) 



being 

(indicate whether applicant is an individual or a corporation or the partners of a partnership) 



carrying on business under the trade name of. 



at 

(address) 

2. The applicant, under the above-mentioned Licence No , has carried on the employ- 
ment agency in conformance with the requirements of the Employment Agencies Act and the 
regulations thereunder. 

3. State whether the applicant, has or has not, since the above-mentioned licence was issued, 

(a) been refused a licence or registration or had suspended or revoked a licence or registration 
to carry on an employment agency in any country or state or province thereof (where 
the answer is yes, give particulars) : 



(6) been engaged, occupied or employed in any way in any business, occupation or profession 
other than the business of an employment agency (where the answer is yes, give 
particulars) : 



Reg. 280 



EMPLOYMENT AGENCIES 



263 



(signatures of applicant) 
R.R.O. 1970, Reg. 241, Form 2. 



Form 3 

Employment Agencies Act 



No. 



LICENCE 

Under the Employment Agencies Act and the regulations, and subject to the limitations thereof, 



(name of licensee including each partner of a partnership) 
carrying on business under the trade name of 



j^^SltkOi. 



at. 



(address) 

is licensed to engage in the business of a employment agency. 

This licence expires on the 31st day of March, 19 ... . 

Dated this day of 19 



Supervisor 
R.R.O. 1970, Reg. 241, Form 3. 



Form 4 

Employment Agencies Act 
PERSONAL BOND 



Bond No . 



Amount. 



Know All Men By These Presents, that I 

(hereinafter called the Obligor), am held and firmly bound unto Her Majesty in right of Ontario (hereinafter 

called the Obbgee) in the sum of Dollars (% ) of lawful money of 

Canada, to be paid unto the Obligee, her successors and assigns, for which payment well and truly 
to be made. 



264 EMPLOYMENT AGENCIES Reg. 280 

I 

(name of Obligor) 

bind mjrself, my heirs, executors, administrators and assigns, and I 



(name of Obligor) 

deposit with the Obligee 

as collateral security to this Bond. 

1. This Bond may be cancelled by the Obligor by giving to the supervisor at least two months' 
notice in writing of intention to cancel and it shaU be deemed to be cancelled on the date 
stated in the notice which date shall be not less than two months after receipt of the notice 
by the supervisor. 

2. In respect only of acts or omissions occurring during the period prior to cancellaticni under the 
preceding provision, this Bond shall continue in force and the collateral security shall remain 
on deposit for a period of six months after the cancellation of the Bond. 

3. The total Uability imposed upon the ObUgor by this Bond and any and all renewals thereof is 
concurrent and not cumulative and shall in no event exceed the penal sum written above. 

Sealed with my seal and dated this day of 19 . . . . 

The Condition of the above obligation is such that if the licence of the Obligor is revoked under 
section 7 of the Employment Agencies Act then the obligation becomes and is forfeit to the Obligee. 

Signed, Sealed and Delivered 
in the presence of 



Obligor . 



R.R.O. 1970, Reg. 241, Form 4. 



Form 5 

Employment Agencies Act 

BOND OF A GUARANTEE COMPANY APPROVED UNDER 

THE GUARANTEE COMPANIES SECURITIES ACT 

Bond No Amount 

Know All Men By These Presents, that we 



(hereinafter called the Principal) as Principal and 

(hereinafter called the Surety) as Surety are held and firmly bound unto Her Majesty in right of Ontario (herein- 
after called the Obligee) in the sum of Dollars (I ) of lawful money of Canada, 

to be paid unto the Obhgee, her successors and assigns, for which payment well and truly to be made, 

I, , 

(name of Principal) 



bind myself, my heirs, executors, administrators and assigns, and we 

(name of Surety) 

bind ourselves, our successors and assigns jointly and firmly by these presents. 



Reg. 280 EMPLOYMENT AGENCIES 265 

1. This Bond may be cancelled by the Surety by giving to the sup)ervisor at least two months' notice in 
writing of intention to cancel and it shall be deemed to be cancelled on the date stated in the notice 
which date shall be not less than two months after receipt of the notice by the supervisor. 

2. In respect only of acts or omissions occurring during the period prior to cancellation under the preceding 
provision, this Bond shall continue in force for a period of six months after the cancellation of the Bond. 

3. The total liability imposed upon the Principal or Surety by this Bond and any and all renewals thereof 
is concurrent and not cumulative and shall in no event exceed the penal sum written above. 

Sealed with our seals and dated this day of , 19 . . . . 

The Condition of the above obligation is such that if the licence of the Principal is revoked under section 7 
of the Employment Agencies Act then the obligation becomes and is forfeit to the Obligee. 



Signed, Sealed and Delivered 
in the Presence of 



Principal : 



Surety ; 

R.R.O. 197a, Reg. 241, Form 5. 



Reg. 281 EMPLOYMENT STANDARDS 267 

REGULATION 281 

under the Employment Standards Act 
AMBULANCE SERVICE INDUSTRY 

1. In this Regulation, "ambulance service industrv'" means every establishment where ambulance services 
are carried out, and includes ambulance drivers, drivers' helpers and first-aid attendants employed in the 
operation of ambulance services. R.R.O. 1970, Reg. 242, s. 1. 

2. All employers in the ambulance service industrv' are exempt from section 25 of the Act respecting 
employees who are engaged as ambulance drivers, drivers' helpers and first-aid attendants. O. Reg. 338/78, 
s. 1. 

3. All employers in the ambulance service industry who pay employees engaged as ambulance drivers, 
drivers' helpers and first-aid attendants a weekly wage of not less than $144, are exempt from the provisions of 
subclause 11(1) (a) (iii) of the Act respecting those employees. O. Reg. 338/78, s. 2, revised. 



Reg. 282 



EMPLOYMENT STANDARDS 



269 



REGULATION 282 

under the Employment Standards Act 



BENEFIT PLANS 

1. For the purposes of Part X of the Act and this 
Regulation, 

(a) "actuarial basis" means the assumptions 
and methods generally accepted and used 
by a Fellow of the Canadian Institute of 
Actuaries to estabhsh the costs of pension 
benefits, life insurance, disabihty insurance, 
health insurance or any other similar 
benefits including the actuarial equivalents 
of such benefits which costs depend upon 
the contingencies of human life, such as 
death, accident, sickness or disease; 

(b) "age" means any age of eighteen years or 
more and less than sixty-five years ; 

(c) "benefits" includes an aggregate, annual, 
monthly or other periodic amount or 
accrual thereof to which an employee, his 
beneficiaries, survivors or def)endants is, 
are or will become entitled under a plan, 
fund or arrangement provided, furnished or 
offered by an employer to an employee upon 
superannuation, retirement, disability, 
accident or sickness, or any medical, 
hospital, nursing, drug or dental expenses 
or other similar amounts or expenses and 
includes any amounts under such plan, 
fund or arrangement to which an employee 
is entitled upon termination of employment 
or to which any person or persons is or are 
entitled upon the death of an employee ; 

(d) "dependant" means a dependant as de- 
fined in the pension, life insurance, dis- 
ability insurance or benefit, or health 
insurance or benefit plan, fund or arrange- 
ment provided, furnished or offered by an 
employer to an employee and "dependent 
child" and "dependent spouse" have a 
corresponding meaning; 

(e) "disability income insurance or benefit 
plan" includes a plan, fund or arrangement 
provided, furnished or offered by an 
employer to an employee that provides 
benefits to an employee for loss of income 
because of sickness, accident or disability 
and includes, 

(i) a short-term disability income in- 
surance or benefit plan, fund or 
arrangement that is other than a 
long-term disability income plan, 
and 



(ii) a long-term disability income in- 
surance or benefit plan, fund or 
arrangement under which the pay- 
ments or benefits to an employee 
are payable for a period of not less 
than fifty-two weeks or until re- 
covery, retirement or death, which- 
ever is the lesser ; 

(/) "employer" includes a group or number 
of unaffiliated employers or an association 
of employers acting for an employer in 
relation to a pension, life insurance, dis- 
ability insurance or benefit or a health 
insurance or benefit plan ; 

{g) "health insurance or benefit plan" in- 
cludes a plan, fund or arrangement pro- 
vided, furnished or offered by an employer 
to an employee that provides benefits 
to an employee, a spouse or dependant of 
an employee or deceased employee for 
medical, hospital, nursing, drug or dental 
expenses or other similar expenses ; 

(A) "life insurance plan" means a plan, fund 
or arrangement, provided, furnished or 
offered by an employer to an employee 
that provides upon the death of the 
employee a benefit either in a lump sum 
or by periodic payments to a beneficiary, 
survivor or dependant of the employee, 
and includes accidental death and dis- 
memberment insurance ; 

(i) "marital status" includes the condition 
of being an unmarried person who is sup- 
porting in whole or in part a dependent 
child or children, and includes a "common 
law" status of husband and wife as defined 
in the pension, life insurance, disability 
insurance or benefit, or health insurance 
or benefit plan, fund or arrangement 
provided, furnished or offered by an 
employer to an em,ployee ; 

{j) "normal pensionable age" means the date 
or age specified in a pension plan at which 
an employee can retire from his employ- 
ment and receive the regular pension 
benefit provided by the pension plan, 
whether such date is the day upon which 
the employee attains a given age or upon 
which the employee has completed a given 
period of employment ; 



270 



EMPLOYMENT STANDARDS 



Reg. 282 



(*) "pension plan" means a superannuation, 
retirement or pension plan, fund or ar- 
rangement provided, furnished or offered 
by an employer to an employee for the 
purpose of providing benefits to an em- 
ployee who participates therein upon retire- 
ment or termination of employment or 
benefits to a spouse or dependant of an 
employee out of contYibutions made by the 
employer and employee or the employer or 
employee and the investment income, 
gains, losses and expenses thereon or there- 
from and includes, 

(i) a unit-benefit pension plan under 
which the benefits are determined 
with reference to a percentage of 
salary or wages of an employee 
and length of employment or a 
specified period of employment, 

(ii) a defined benefit pension plan under 
which the benefits are determined as 
a fixed amount and with reference to 
length of employment or a specified 
period of employment, 

(iii) a money purchase pension plan under 
which the benefits are determined 
with reference to the accumulated 
amount of the contributions paid by 
or for the credit of an employee, and 
the investment income, gains, losses 
and expenses thereon or therefrom, 

(iv) a profit sharing pension plan under 
which payments or contributions by 
an employer are determined by 
reference to profits or out of profits 
from his business and the benefits 
are determined with reference to the 
accumulated amount of payments 
or contributions paid by or for the 
credit of an employee and the in- 
vestment income, gains, losses and 
exp)enses thereon or therefrom, and 

(v) a composite pension plan that is 
any combination of a unit-benefit 
pension plan, a defined benefit pen- 
sion plan, a money purchase pension 
plan or a profit sharing pension 
plan; 

(/) "sex" includes a distinction between em- 
ployees in a plan, fund or arrangement 
provided, furnished or offered by an 
employer to his employees that excludes 
an employee from a benefit thereunder 
or gives an employee a preference to a 
benefit thereunder because the employee 
is or is not a head of household, principal 
or primary wage earner or other similar 
condition, and further includes a distinction 



between employees in such a plan, fund or 
arrangement because of the pregnancy of 
a female employee ; 

(w) "spouse" means a spouse as defined in 
the pension, life insurance, disability in- 
surance or benefit or health insurance 
or benefit plan, fund or arrangement 
provided, furnished or offered by an 
employer to an employee ; and 

(n) "voluntary additional contribution" 
means an additional contribution by an 
employee to or under a pension plan 
except a contribution the payment of 
which, under the terms of the plan, im- 
poses upon an employer an obligation to 
make a concurrent additional contribution 
to or under the plan. O. Reg. 654 /75, s. 1 . 

2. The prohibition in subsection 34 (2) of the Act 
does not apply to, 

(a) monthly or other periodic amounts provided 
under a money purchase, profit sharing 
or composite pension plan where such 
amounts differentiate between employees 
because of sex and such differentiation is 
determined upon an actuarial basis; 

(b) benefits provided under additional vol- 
untary employee-pay-all pension plans or 
voluntary additional contribution features 
of pension plans where the benefits dif- 
ferentiate between employees because of 
sex and such differentiation is determined 
upon an actuarial basis ; 

(c) the conversion of normal pension benefits 
under an option contained in a pension 
plan where the adjustment of benefits 
differentiate between employees because 
of sex and such differentiation is determined 
upon an actuarial basis ; 

(d) the conversion of normal pension benefits 
because of the retirement of an employee 
before or after his normal retirement date 
where the adjustment of the benefits differ- 
entiate between employees because of sex 
and such differentiation is determined upon 
an actuarial basis; and 

(e) a differentiation in the rates of con- 
tribution of an employer to a pension plan 
where such differentiation is made on an 
actuarial basis because of the sex of the 
employee and in order to provide equal 
benefits under the plan. O. Reg. 654/75, 
s. 2. 

3. The prohibition in subsection 34 (2) of the Act 
does not apply to, 

(a) an increase in benefits payable to an 
employee under a pension plan that pro- 



Reg. 282 



EMPLOYMENT STANDARDS 



271 



vides for such increased benefits because 
the employee has a dependent spouse ; 

(b) any benefits under a pension plan that are 
payable periodically to a surviving spouse 
of a deceased employee for the life of the 
surviving spouse or until the remarriage of 
the surviving spouse and, for the purposes 
of this clause, such benefits shall include 
a lump sum benefit equal to the commuted 
value of such monthly payments not 
exceeding $25 a month ; and 

(c) a differentiation in the rates of contri- 
bution of an employer to a defined benefit 
pension plan that provides an increase in 
benefits to an employee because of marital 
status where the rates of contribution of 
the employer differentiate between em- 
ployees because of marital status. O. Reg. 
654/75, s. 3. 

4. The prohibition in subsection 34 (2) of the Act 
does not apply to, 

(a) the exclusion of an employee from partici- 
pation in a pension plan where the plan 
requires a minimum age for access thereto ; 

(6) a provision in a f)ension plan limiting 
the maximum age of an employee for 
access to the plan to the normal pensionable 
age where the normal pensionable age in 
the plan is under sixty-five years and 
the provisions of the plan do not allow 
employees who participate therein to con- 
tinue to accrue benefits thereunder after 
such employees have reached the normal 
pensionable age ; 

(c) benefits payable under a pension plan 
where the benefits differentiate between 
employees because of age provided that 
such differentiation is in accordance with 
the provisions of the Pension Benefits Act; 

(d) the right of an employee to acquire 
an interest in the benefits under or 
contributions paid by or for the credit 
of the employee to a pension plan upon 
termination of employment in accordance 
with the Pension Benefits Act, where the 
right to acquire an interest in the benefits 
or contributions differs between employees 
because of age ; 

(e) a differentiation in the rates of voluntary 
additional contributions of an employee 
to a pension plan where the rates of such 
contributions differ between employees 
because of age ; 

(/) a differentiation in the rates of contri- 
butions that an employee is required to 



make to a money purchase or profit sharing 
pension plan where the rates of such 
contributions differ between employees 
because of age; and 

ig) a differentiation in the contributions of an 
employer to a defined benefit pension plan 
where such differentiation between em- 
ployees is because of age in accordance 
with the provisions of the Pension Benefits 
Act, and is determined on an actuarial 
basis. O.Reg. 654/75. s. 4. 

5. The prohibition in subsection 34 (2) of the Act 
does not apply to, 

(a) a differentiation in the contributions" of an 
employee to a voluntary employee-pay-all 
life insurance plan where such differenti- 
ation is determined upon an actuarial 
basis because of sex ; and 

(b) a differentiation in the contributions of an 
employer to a life insurance plan where 
such differentiation is made on an actuarial 
basis because of the sex of the employee 
and in order to provide equal benefits 
under the plan. O. Reg. 654 /75, s. 5. 

6. The prohibition in subsection 34 (2) of the Act 
does not apply to, 

(a) any benefits under a life insurance plan 
that are payable periodically to the sur- 
viving spouse of a deceased employee for 
the life of the surviving spouse or until the 
remarriage of the surviving spouse and, for 
the purpose of this clause, such benefits 
shall include benefits of less than $25 a 
month that have been commuted to a lump 
sum payment ; 

{b) any benefit under a life insurance plan 
that is payable to an employee upon the 
death of the spouse of the employee ; and 

(c) a differentiation in the contributions of an 
employee or an employer to a life insurance 
plan where such differentiation between 
employees is because of marital status and 
provides benefits that are payable periodi- 
cally to the surviving spouse of an em- 
ployee. O. Reg. 654 /75, s. 6. 

7. The prohibition in subsection 34 (2) of the Act 
does not apply to, 

(a) a differentiation in the benefits under or 
the contributions to a voluntary employee- 
pay-all life insurance plan where such differ- 
entiation is determined upon an actuarial 
basis because of age ; and 

(6) a differentiation in the contributions of an 
employer to a life insurance plan where such 



272 



EMPLOYMENT STANDARDS 



Reg. 282 



differentiation is determined upon an 
actuarial basis because of age and in order to 
provide equal benefits under the plan. 
O.Reg. 654/75,8.7. 

8. The prohibition in subsection 34 (2) of the Act 
does not apply to, 

(a) a differentiation in the rate of contributions 
of an employee to a voluntary employee- 
pay-all short or long term disability insur- 
ance plan where such differentiation is 
determined upon an actuarial basis because 
of the age or sex of the employee ; 

(b) a differentiation in the rate of contributions 
of an employer to a short or long term 
disability insurance plan where such differ- 
entiation is made on an actuarial basis 
because of the age or sex of the employee 
and in order to provide equal benefits 
under the plan; and 

(c) the exclusion from benefits under a short 
or long term disability insurance plan of a 
female employee during the period of leave- 
of-absence to which she is entitled under 
Part XI of the Act, or any greater period 
of leave-of-absence that she has applied 
for under any term of a contract of em- 
ployment, oral or written, express or 
implied, that prevails over Part XI of the 
Act. O. Reg. 654/75, s. 8. 

9. The prohibition in subsection 34 (2) of the Act 
does not apply to, 

(a) a differentiation in the rate of contributions 
of an employee to a voluntary employee- 
pay-all health insurance plan where such 
differentiation is determined upon an 
actuarial basis because of sex ; 

(b) a differentiation in the rate of contributions 
of an employer to a health insurance plan 
where such differentiation is made upon an 
actuarial basis because of the sex of the 
employee and in order to provide equal 
benefits under the plan ; 

(c) a differentiation in the benefits under or 
the contributions of an employee to a health 
insurance plan because of the marital 
status of the employee where such differ- 
entiation is made in order to provide 



benefits for a spouse or a dependent child 
of the employee ; and 

(d) a differentiation in the rate of contributions 
of an employer to a health insurance plan, 
where there are specified premium rates 
and where such differentiation for employees 
having marital status and for employees 
without marital status is on the same 
proportional basis. O. Reg. 654/75, s. 9. 

10. A plan, fund or arrangement to which Part X 
of the Act applies shall not disentitle an employee 
who is on leave-of-absence under Part XI of the Act, 
or any greater period of leave-of-absence that she has 
applied for under any term of a contract of employ- 
ment, oral or written, express or implied, that 
prevails under section 4 of the Act from continuing 
to participate therein during such leave-of-absence 
where the plan, fund or arrangement entitles an 
employee who is on leave-of-absence other than a 
leave-of-absence under Part XI of the Act, or such 
greater period of leave-of-absence to continue to 
participate therein. O. Reg. 654/75, s. 10; O. Reg. 
884/75, s. 1. 

11. Where, prior to the application of Part X of 
the Act to a fund, plan or arrangement provided or 
furnished by an employer to his employees, an 
employee was excluded from participating in the 
plan, fund or arrangement or a benefit thereunder, 
and upon the application of Part X of the Act to 
the plan, fund or arrangement, the employee is no 
longer excluded from participation in the plan, 
fund or arrangement, or a benefit thereunder, such 
employee is entitled to participate in the plan, fund 
or arrangement or a benefit thereunder from and 
after the application of Part X to the plan, fund 
or arrangement or benefit. O. Reg. 654/75, s. 11. 

12. Upon the application of Part X of the Act and 
this Regulation to a health insurance or benefit plan, 
no employer shall reduce his contributions to or the 
benefits under the health insurance or benefit plan 
in causing the plan to comply with Part X of the 
Act and this Regulation. O. Reg. 654 /75, s. 13. 

13. Notwithstanding the application of Part X of 
the Act to a pension plan in existence on the 1st day of 
November, 1975, where the normal pensionable date 
of a class of employees is increased in order to have the 
plan comply with Part X, an employee whose normal 
pensionable date is increased shall be entitled to his 
pension benefits on the normal pensionable date as 
provided by the plan before it was increased. 
O. Reg. 654/75, s. 14. 



Reg. 283 



EMPLOYMENT STANDARDS 



273 



REGULATION 283 

under the Employment Standards Act 



DOMESTICS AND NANNIES 

1. In this Regulation, 

(a) "domestic" means a domestic as described in 
clause 2 (a); 

(b) "nanny" means a nanny as described in 
clause 2 (b). O. Reg. 1013/80, s. 1. 

2. This Regulation applies to a person who is 
employed by a householder, 

(a) as a domestic to perform services in the 
household-who works more than twenty-four 
hours a week; or 

(fc) as a nanny to rear a child who is a member of 
the household where the person is considered 
to be qualified to do so because of formal 
training or experience equivalent to formal 
training. O. Reg. 1013/80, s. 2. 

3. — (1) A contract or arrangement for the services of 
a domestic or nanny shall provide that the wages for 
such services shall not be less than, 

(a) $24 a day; 

(b) $132 a week; or 

(c) $568 a month. 

(2) In the absence of a contract or arrangement 
mentioned in subsection (1), a householder shall pay a 
domestic or nanny not less than $3 an hour. O. Reg. 
1013/80, s. 3. 

4. Where meals or room or both are taken into 
account by a householder in calculating the minimum 
wage of a domestic or nanny, the maximum amount at 
which meals or room or both shall be valued for the 



purposes of determining if the minimum wage pre- 
scribed has been paid to the person shall be as follows: 



1. Room 

2. Meals 



Both room 
and meals 



— S20 per week. 

— $1.50 each and not more 
than $30 per week. 



— $50 per week. 



O. Reg. 1013/80, s. 4. 

5. — ( 1) Every householder shall give to a domestic or 
nanny who resides in the residence of the householder 
not less than thirty-six consecutive hours in each week 
free from the performance of any duties for the house- 
holder and without any deduction from the normal pay 
of the person. 

(2) Subject to subsection (3), where, with the con- 
sent of the domestic or nanny, duties are performed 
during the thirty-six consecutive hours mentioned 
in subsection (1), the time spent in performing such 
duties shall be added to one of the next four sub- 
sequent thirty-six consecutive hours of time free from 
the performance of any duties and no deduction shall 
be made therefor from the normal pay of the person. 

(3) In addition to the normal pay to which the person 
is entitled, the householder shall pay the domestic or 
nanny a minimum wage of $3 an hour for the time spent 
in performing duties during the thirty-six consecutive 
hours where no compensating time is given as pre- 
scribed by subsection (2). O. Reg. 1013/80, s. 5. 

6.— (1) Parts IV and VI and clauses 26 (1) (ft), (c) 
and (d) and section 27 of the Act do not apply to a 
domestic or nanny. 

(2) A householder who has entered into a contract or 

arrangement described in subsection 3 (1) is exempt 
from the provisions of subclause 11 (a) (iii) of the Act 
with respect to a domestic or nanny who is employed 
under such a contract or arrangement. O.Reg. 1013/ 
80, s. 6. 



Reg. 284 



EMPLOYMENT STANDARDS 



275 



REGULATION 284 

under the Kmployment Standards Act 



FRUIT, VEGETABLE AND TOBACCO 
HARVESTERS 

INTERPRETATION 

1. For the purposes of this Regulation, 

(a) "housing accommodation" means a place 
of dwelling that is reasonably lit for 
human habitation consisting of at least 
a kitchen with cooking facilities, two 
bedrooms or a bedroom and a living 
room, and having its own private toilet 
and washing facilities ; 

(b) "piece work rate" means a rate of pay 
calculated upon a unit of work performed ; 

(c) "room" means a room that is reasonably 
furnished and reasonably fit for human 
habitation, is supplied with clean bed 
linen and towels and is reasonably 
accessible to proper toilet and washbasin 
facilities ; 

(d) "serviced housing accommodation" means 
housing accommodation for which light, 
heat, fuel, water, gas or electricity are 
provided at the expense of the employer. 
O. Reg. 320/75, s. 1. 

2. This Regulation applies to an employee who is 
employed on a farm to harvest fruit, vegetables 
or tobacco for marketing or storage. O. Reg. 
320/75, s. 2. 

3. Subject to section 4, every employer shall 
pay not less than, 

(a) $2.15 an hour to an employee who is a 
student under eighteen years of age where 
the weekly hours of the student are not in 
excess of twenty-eight hours or where the 
student is employed during a school holi- 
day ; and 

(b) $2.85 an hour to an employee other than an 
employee mentioned in clause (a). O. Reg. 
320/75, s. 3; O. Reg. 418/76, s. 1; O. Reg. 
131/79, s. I. 

4. Where a piece work rate being paid to 
employees other than an employee mentioned in 



clause 3 (a), is customarily and generally, recognized in 
the area as having been set so that an employee 
exercising rea.sonabie effort would, if paid such a rate, 
earn at least the minimum wage prescribed in section 
3, the employer shall be deemed to have paid an 
employee the minimum wages so prescribed. O. Reg. 
320/75, s. 4. 

5. Where housing accommodation, room or meals 
are taken into account by an employer in cal- 
culating the minimum wage of an employee, the 
maximum amount at which such housing accommo- 
dation, room or meals shall be valued shall be as 
follows: 

1. Serviced housing accommoda- 

tion $40.00 a week 

2. Housing accommodation $30.00 a week 

3. Room $11.00 a week 

4. Meals $1.15 each 

and not more 
than $24.00 a 
week 

5. Both Room and meals $35.00 a week 

O. Reg. 320/75, s. 5; O. Reg. 418/76, s. 2. 

6. Notwithstanding the provisions of any other 
Regulation, every employer shall give to an employee 
who has been employed by the employer for 
thirteen weeks or more a vacation with pay or 
pay him vacation pay pursuant to Part VIII of the 
Act. O. Reg. 320/75, s. 6. 

7. — (1) Notwithstanding the provisions of any 
other Regulation, an employee who has been 
employed by his employer for a period of thirteen 
weeks or more and who is not excluded under 
clau.se 26 (1) (fr), (f), id) or {e) of the Act, shall be 
entitled to the employment standard provided in Part 
VII of the Act for a public holiday. 

(2) For the purposes of this section, an employee 
to whom this Regulation applies shall be deemed 
to be employed in a continuous operation. O. Reg. 
320/75. s. 7. 



Reg. 285 



EMPLOYMENT STANDARDS 



277 



REGULATION 285 

under the Employment Standards Act 



GENERAL 

INTERPRETATION 

1. In this Regulation, 

(a) "construction" includes all work in and 
about the construction, erection, demoli- 
tion, repair, remodelling, decoration or alter- 
ation of the whole or any part of a 
building, or structure, the laying of pipe 
and conduit above or below ground level, 
excavating, tunnelling, fencing, grading, 
paving, land clearing, bridging, street and 
highway building, but does not include work 
done by a person who is regularly employed 
by a manufacturing, industrial or service 
institution performing maintenance work 
on the premises of his employer ; 

(6) "domestic servant" means a person who is 
employed by a householder, 

(i) as a sitter to attend primarily to the 
needs of a child who is a member of the 
household, 

(ii) as a companion to attend to the needs 
of an aged, infirm or ill member of the 
household, or 

(iii) as a domestic to perform services in the 
household who works twenty-four 
hours a week or less; 

(c) "hotel, motel, tourist resort, restaurant 
and tavern" means every establishment 
furnishing for payment, accommodation, 
lodging, meals or beverages, and includes 
hotels, motels, motor hotels, tourist homes, 
tourist camps, tourist cabins and cottages, 
tourist inns, catering establishments and 
all other establishments of a similar nature ; 

(d) "learner" means a person who has not had 
previous experience in the kind of work that 
he is hired for or that he p)erforms ; 

(c) "lodging" means the provision of a room 
and three meals per day for a seven-day 
week; 

(/) "road building" means the preparation, 
construction, reconstruction, repair, altera- 
tion, remodelling, renovation, demoHtion, 
finishing and maintenance of streets, high- 
ways or parking lots, including structures 
such as bridges, tunnels or retaining walls 



in connection with streets or highways, and 
all foundations, installation of equipment, 
appurtenances and work incidental thereto ; 

ig) "room" means a room that is reasonably 
furnished and reasonably fit for human 
habitation, is supplied with clean bed linen 
and towels and is reasonably accessible to 
proper toilet and wash-basin facilities ; 

(A) "seasonal employee" means an employee 
who works not more than sixteen weeks 
in a calendar year for an employer ; 

(»') "taxi cab" means a vehicle, with seat- 
ing accommodation for not more than 
nine persons exclusive of the driver, used 
for the carriage for hire of persons. O. Reg. 
803/75, s. 1; O. Reg. 1014/80, s. 1. 

APPLICATION OF ACT 

2. — (1) The Act does not apply to, 

(a) a secondary school student who performs 
work under a work experience program 
authorized by the school board of the 
school in which he is enrolled ; 

(b) a person who performs work under a pro- 
gram approved by a community college or 
university; 

(c) an inmate of a correctional institution 
who participates inside or outside the 
institution in a work project or rehabihta- 
tion program authorized under the Ministry 
of Correctional Services Act; or 

(d) an offender who performs work or services 
under an order or sentence of a court. 
O. Reg. 803/75, s. 2(1); O. Reg. 665/78, 
s. 1. 

(2) Where, under an agreement or arrangement 
between an employee and his employer approved 
by the Director, a period of two or more work 
weeks is the period in which the hours of work of 
an employee may be averaged for the purpose of 
determining the hours of work in each work week 
in the period, 

(a) section 17 of the Act does not apply; and 

(b) subsection 25 (1) of the Act does not apply to 
the hours of work in a work week where such 
averaged hours do not exceed forty-four. 
O. Reg. 803/75, s. 2. 



278 



EMPLOYMENT STANDARDS 



Reg. 285 



Exemptions from Parts IV to VIII of Act 

3. Parts IV, V, VI, VII and VIII of the Act do 
not apply to a person employed, 

(a) as a duly qualified practitioner of, 

(i) architecture, 
(ii) chiropody, 
(iii) dentistry, 

(iv) law, 

(v) medicine, 

(vi) optometry, 

(vii) pharmacy, 

(viii) professional engineering, 

(ix) psychology, 

(x) public accounting, 

(xi) surveying, or 

(xii) veterinary science ; 

(b) as a duly registered drugless practitioner ; 

(c) as a teacher as defined in the Teaching 
Profession Act; 

id) as a student in training for the professions 
or callings mentioned in clause (a), (b) or (c); 

(e) in commercial fishing; 

(/) as a domestic servant ; or 

(g) as a registered salesman of a broker 
registered under the Real Estate and 
Business Brokers Act; 

(h) as a salesman, other than a route salesman, 
who is entitled to receive all or any part 
of his remuneration as commissions in re- 
spect of offers to purchase or sales of goods, 
wares, merchandise or services and which 
offers or sales are normally made at a 
place other than the place of business of 
his employer ; or 

(t) on a farm whose employment is directly 
related to the primary production of eggs, 
milk, grain, seeds, fruit, vegetables, maple 
products, honey, tobacco, pigs, cattle, sheep 
and poultry. O. Reg. 803/75, s. 3. 

Exemptions from Part IV of Act 
HOURS of work 

4. Part IV, except section 22, of the Act does not 
apply to a person employed. 



(a) as a full-time firefighter as defined in the Fire 
Departments Act; 

(b) whose only work is supervisory or mana- 
gerial in character ; 

(c) as a fishing or hunting guide ; 

(d) to work in construction ; 

(e) in, 

(i) landscape gardening, 

(ii) mushroom growing, 

(iii) the growing of flowers for the retail 
and wholesale trade, 

(iv) the growing, transporting and laying 
of sod, 

(v) the growing of trees and shrubs for 
the wholesale and retail trade, 

(vi) the breeding and boarding of horses 
on a farm, or 

(vii) the keeping of fur-bearing animals as 
defined in the Fur Farms Act, for 
propagation or the production of pelts 
for commercial purposes; 

(/) to perform homework ; 

ig) as a. superintendent, janitor or caretaker 
of a residential building and who resides 
in the building; or 

(A) as an embalmer or funeral director. 

O. Reg. 803/75, s. 4. 

Exemptions from Part V of Act 

MINIMUM wages 

5. Part V of the Act does not apply to a person 
employed, 

(a) as a student in a recreational program 
operated by a charitable organization 
registered as a charitable organization in 
Canada under Part 1 of the Income Tax 
Act (Canada), where the work or duties 
of the student are directly connected with 
the recreational program ; 

(b) as a student to instruct or supervise 
children ; 

(c) as a student at a camp for children; 

(d) as a superintendent, janitor or caretaker 
of a residential building who resides in the 
building ; 



Reg. 285 



EMPLOYMENT STANDARDS 



279 



(e) as a trainee in a course leading to registration 
as a registered nursing assistant under the 
Health Disciplines Act; 

(/) as a trainee in a course of study for a 
laboratory technologist as required by the 
Canadian Society of Laboratory Technolo- 
gists ; or 

(g) as a trainee in a course of study for a 
radiological technician as required by the 
Canadian Association of Radiological Tech- 
nicians. O. Reg. 803/75, s. 5. 

Exemptions from Part VI of Act 

OVERTIME PAY 

6. Part VI of the Act does not apply to a person 
employed, 

(a) as a full-time firefighter as defined in the 
Fire Departments Act; 

(b) whose only work is supervisory or mana- 
gerial in character ; 

(c) as a fishing or hunting guide ; 

(d) in, 

(i) landscape gardening, 

(ii) mushroom growing, 

(iii) the growing of flowers for the retail 
and wholesale trade, 

(iv) the growing, transporting and laying 
of sod, 

(v) the growing of trees and shrubs for 
the retail and wholesale trade, 

(vi) the breeding and boarding of horses 
on a farm, or 

(vii) the keeping of fur-bearing animals as 
defined in the Fur Farms Act, for 
propagation or the production of pelts 
for commercial purposes; 

(e) to perform homework ; 

(/) as a student to instruct or supervise 
children ; 

(g) as a student at a camp for children; 

(A) as a student in a recreational program 
operated by a charitable organization 
registered as a charitable organization in 
Canada under Part I of the Income Tax 
Act (Canada), where the work or duties of 
the student are directly connected with the 
recreational program ; 



(i) as a superintendent, janitor or caretaker 
of a residential building and who resides in 
the building ; or 

(j) as a taxi cab driver. 

O. Reg. 803/75, s. 6. 

Exemptions from Part VII of Act 

PUBLIC holidays 

7. — (1) Part VII of the Act does not apply to a 
person employed, 

(a) as a full-time firefighter as defined in the 
Fire Departments Act; 

(b) as a fishing or hunting guide ; 

(c) in. 

(i) landscape gardening, 

(ii) mushroom growing, 

(iii) the growing of flowers for the retail 
and wholesale trade, 

(iv) the growing, transporting and laying 
of sod, 

(v) the growing of trees and shrubs for 
the retail and wholesale trade, 

(vi) the breeding and boarding of horses 
on a farm, or 

(vii) the keeping of fur-bearing animals as 
defined in the Fur Farms Act, for 
propagation or the production of pelts 
for commercial purposes; 

(d) to perform homework ; 

(e) as a student to instruct or supervise 
children ; 

(/) as a student at a camp for children ; 

(g) as a student in a recreational program 
operated by a charitable organization 
registered as a charitable organization 
in Canada under Part I of the Income 
Tax Act (Canada), where the work or duties 
of the student are directly connected with 
the recreational program ; 

(A) as a sujjerintendent, janitor or caretaker 
of a residential building and who resides 
in the building; 

(t ) as a taxi cab driver ; or 

{j) as a seasonal employee in a hotel, motel, 
tourist resort, restaurant or tavern who 
is provided with room and board. 



280 



EMPLOYMENT STANDARDS 



Reg. 285 



(2) An employee who works in construction and 
receives 7 per cent or more of his hourly rate or 
wages for vacation pay or holiday pay is exempt 
from Part VII of the Act. 



SUBSTITUTED DAY 

(3) Where an employer, with the agreement of an 
employee to whom section 26 of the Act does not 
apply, substitutes or designates a day for a public 
holiday, the day so substituted or designated shall 
be the public holiday for the purposes of section 
27 of the Act. O. Reg. 803/75, s. 7. 



Exemptions from Part VIII of Act 

VACATION PAY 

8. Part VIII of the Act does not apply to a 
person employed, 

(a) as a trainee in a course leading to regis- 
tration as a registered nursing assistant 
under the Health Disciplines Act; 

(b) as a trainee in a course of study for a 
laboratory technologist cis required by the 
Canadian Society of Laboratory Tech- 
nologists ; or 

(c) as a trainee in a course of study for a 
radiological technician as required by the 
Canadian Association of Radiological Tech- 
nicians. O. Reg. 803/75, s. 8. 



MINIMUM WAGE ESTABLISHED 

9. — (1) An employer shall pay not less than the 
minimum wage hereinafter prescribed : 

(a) subject to the minimum wage prescribed 
in clauses (e) and (/), $2.15 an hour to an 
employee who is a student under eighteen 
years of age where the weekly hours of 
the student are not in excess of twenty- 
eight hours or where the student is employ- 
ed during a school holiday ; 

(b) subject to the minimum wage prescribed in 
clauses (e) and (/), to an employee who is a 
learner during the first month of employment 
of the learner, $2.90 an hour; 

(c) to an ambulance driver, a driver's helper or a 
first-aid attendant employed in the ambul- 
ance service industry, $144 a week or, where 
the ambulance driver, driver's helper or first- 
aid attendant works not more than forty- 
eight hours a week, $3 an hour; 



(rf) $2.50 an hour to an employee who serves 
liquor directly to a customer, gue.st, member 
or patron in premises for which a licence or in 
a place for which a permit has been issued 
under the Liquor Licence Act; 

(e) to an employee who is engaged in construc- 
tion, $3.25 an hour; 

(/) to a guard who is employed to protect prop- 
erty during construction who guards the site 
of construction, $3.25 an hour; 

(g) for the services of a hunting or fishing guide, 
$15 for less than five consecutive hours in 
a day and $30 for five or more hours in a day, 
whether such hours are consecutive or not; 
and 

(h) to an employee other than an employee men- 
tioned in clauses (a) to (g), $3 an hour. 
O. Reg. 803/75, s. 9 (1); O. Reg. 189/76, s. 1 
(1-7); O. Reg. 339/78, s. 1, revised. 



(2) Where meals or room or both are taken into 
account by an employer in calculating the minimum 
wage of an employee, the maximum amount at which 
meals or room or both shall be valued for the 
purpose of determining if the minimum wage pres- 
cribed has been paid to the employee shall be as 
follows : 



1. Room 

2. Meals 



— $11 a week ' 

— $1.15 each and not 
more than $24 a 
week 



3. Both room and meals — $35 a week 

O, Reg. 803/75, s. 9 (2); O. Reg. 189/76, s. 1 (8). 

(3) Charges for meals or room shall not be deducted 
from the minimum wages of an employee unless 
the employee has received the meals or occupied 
the room supplied. 

(4) Where an employee who is not a student, 

(a) regularly works more than three hours a 
day; 

(b) is required to present himself for work; 
and 

(c) works less than three hours, 

the employee shall be deemed to have worked for 
three hours for the purpose of determining whether 
he has been paid the minimum wages prescribed 
under the Act. 



Reg. 285 



EMPLOYMENT STANDARDS 



281 



(5) Subsection (4) does not appb' where the employer 
is unable to provide work for the employee because 
of fire, lightning, power failure, storms or similar 
causes beyond the control of the employer result- 
ing in the stopping of work. O. Reg. 803/75, 
s. 9 (3-5). 

LEARNERS 

10. The number of employees who may be em- 
ployed as learners shall not exceed one-fifth of the 
employer's total number of employees and, where the 
total number of employees is less than five, only 
one employee may be employed as a learner. 
O. Reg. 803/75, s. 10. 

11. No person shall be paid as a learner who, 

(a) is employed for less than twenty-eight hours 
in a work week ; or 

(b) is a homeworker. O. Reg. 803/75, s. 11 . 

REGULAR RATE OR REGULAR WAGES 

12. — (1) Subject to clause 1 (m) and to section S of 
the Act, in determining the regular wages of an 
employee whose hours of work differ from day to day 
or who is paid on a basis other than time, his regular 
wages for a public holiday or a day that is substituted 
or designated for the public holiday for the purposes of 
Part VII of the Act shall be determined by, 

(a) the method set out in a schedule declared in 
force under the Industrial Standards Act, if 
the schedule applies to him; 

(b) the method agreed upon under or pursuant 
to a collective agreement that is binding 
upon the employer and the employee ; and 

(c) in a case where clause (a) or (b) does not 
apply, calculating the average of his 
daily earnings, exclusive of overtime pay, 
over a period of thirteen work weeks pre- 
ceding the public holiday or the day that 
is substituted or designated for the public 
holiday. 

(2) Subject to clause 1 (w) of the Act, in determining 
the regular rate or regular wages of an employee whose 
hours of work differ from day to day or who is paid on 
a basis other than time, for the purposes of Part XII of 
the Act, the wages of the employee for a regular non- 
overtime work week shall be determined by calculat- 
ing the average of his weekly earnings exclusive of 
overtime pay, for the weeks he has worked in the 
period of thirteen work weeks preceding the date he 
would have been entitled to receive notice of termina- 
tion. O. Reg. 803/75, s. 12. 

13. — (1) Subject to subsection (2), work shall be 
deemed to be performed by an employee for the 
employer, 

(a) where work is, 



(i) permitted or suffered to be done by 
the employer, or 

(ii) in fact performed by an employee 
notwithstanding that a term of the 
contract of employment expressly 
forbids or limits hours of work or 
requires the employer to authorize 
hours of work in advance ; 

(b) where the employee is not performing work 
and is required to remain at his place 
of employment, 

(i) waiting or holding himself ready for 
call to work, or 

(ii) on a rest or break-time other than 
an eating period. 

(2) Work shall not be deemed to be performed 
for an employer during the time the employee, 

(a) is entitled to, 

(i) take time off work for an eating 
period, 

(ii) take at least six hours or such 
longer period as is established by 
contract, custom or practice for 
sleeping and the employer furnishes 
sleeping facilities, or 

(iii) take time off work in order to 
engage in his own private affairs or 
pursuits as is established by con- 
tract, custom or practice; or 

(b) is not at his place of employment and 
is waiting or holding himself ready for call 
to work. O. Reg. 803/75, s. 13. 

HOMEMAKERS 

14. — (1) In this section "homemaker" means 
a person who is employed by a person other than 
a householder to perform homemaking services 
for a householder or member of a household in the 
private residence of the householder. 

(2) Notwithstanding section 13, the hours of 
work in respect of which a homemaker is to be paid 
at least the minimum wage shall be not more than 
twelve hours in a day. 

(3) Subclause 1 1 (a) (iii) of the Act and Parts IV and 
VI of the Act do not apply to a homemaker who is paid 
in accordance with subsection (2). O. Reg. 417/76, 
s. 1. 

DEDUCTIONS, ETCETERA, FROM WAGES 

15. — (1) Notwithstanding section 8 of the Act, an 
employer may set off against, deduct from, claim or 
make a claim against or retain or accept the 
wages of an employee where, 



282 



EMPLOYMENT STANDARDS 



Reg. 285 



(a) a statute so provides ; 

(b) an order or judgment of a court so 
requires ; or 

(c) subject to subsection (2), a written authori- 
zation of the employee so permits or directs. 

(2) No written authorization of an employee shall 
entitle an employer to set off against, deduct from, 
retain, claim or accept wages for faulty workman- 
ship, or for cash shortages or loss of property of 
the employer where a person other than the 
employee has access to the cash or property. 

(3) Where an employee has been given or paid a 
vacation with pay or payment for vacation in excess 
of the requirements of Part VIII of the Act, no 
employer shall set off or deduct such excess 
against or from any vacation with pay, pay for 
vacation, or payment under section 31 of the Act. 
O. Reg. 803/75, s. 14. 

ROAD BUILDING 

16. — (1) Notwithstanding Part VI of the Act, and 
subject to subsection (2), 

(a) an employee engaged at the site of road 
building in relation to streets, highways or 
parking lots shall be paid overtime pay 
by his employer for each hour worked in 
excess of fifty-five hours in a work week 
at an amount not less than one and one- 
half times his regular rate ; and 

(b) an employee engaged at the site of road 
building in relation to structures such as 
bridges, tunnels or retaining walls in con- 
nection with streets or highways shall be 
paid overtime pay by his employer for 
each hour worked in excess of fifty hours 
in a work week at an amount not less 
than one and one-half times his regular 
rate. 

(2) Where the hours of work in the case of, 

(a) an employee within clause (1) (a) are less than 
fifty-five hours in a work week; or 

(b) an employee within clause (1) (b) are less than 
fifty hours in a work week, 

the difference up to an amount not exceeding twenty- 
two hours between the hours of work in the work 
week and fifty-five hours or fifty hours, as the case 
may be, may be added to the maximum hours 
prescribed by clause (1) (a) or (b) for the purpose of 
determining the overtime pay of the employee in the 
immediately following calendar week. O. Reg. 
803/75, s. 15. 



Special Overtime Provisions 

LOCAL cartage 

17.— <1) Notwithstanding Part VI of the Act, an 
employee, except an employee mentioned in sub- 
section (2), who is the operator, or operator's helper 
of a vehicle used in the business of carrying goods 
for hire within a municipality or to any point not 
more than three miles beyond its limits shall be 
paid overtime pay by his employer for each hour 
worked in excess of fifty hours in a work week at 
an amount not less than one and one-half times his 
regular rate. 

highway transport 

(2) Notwithstanding Part VI of the Act, an 
employee, except an employee mentioned in sub- 
section (1) who is the operator of a public commer- 
cial vehicle licensed under the Public Commercial 
Vehicles Act shall be paid overtime pay by his 
employer for each hour worked in excess of sixty 
hours in a work week at an amount not less than 
one and one-half times his regular rate, and in 
computing the number of hours worked by the 
employee in any week, only those hours during 
which the employee is directly responsible for the 
public commercial vehicle shall be included. 

HOTEL, motel, ETCETERA 

(3) Notwithstanding Part VI of the Act, a seasonal 
employee who works for the owner or operator of 
a hotel, motel, tourist resort, restaurant or tavern 
and who is provided with room and board shall be 
paid overtime pay by his employer for each hour 
worked in excess of fifty hours in a work week at 
an amount not less than one and one-half times his 
regular rate. 

FRESH FRUITS AND VEGETABLES PROCESSING 

(4) Notwithstanding Part VI of the Act, a seasonal 
employee whose employment is directly related to the 
canning, processing and packing of fresh fruits or 
vegetables or the distribution thereof by the canner, 
processor or packer shall be paid overtime pay by 
his employer for each hour worked in excess of 
fifty hours in a work week at an amount not less 
than one and one-half times his regular rate. 

SEWER AND WATERMAIN CONSTRUCTION 

(5) Notwithstanding Part VI of the Act, an em- 
ployee who is employed in laying, altering, repair- 
ing or maintaining sewers and watermains and work 
incidental thereto or in guarding the site during 
the laying, altering, repairing or maintaining of sewers 
and watermains shall be paid overtime pay by his 
employer for each hour worked in excess of fifty 
hours in a work week at an amount not less than 
one and one-half times his regular rate. O. Reg. 
803/75, s. 16. 



Reg. 286 



EMPLOYMENT STANDARDS 



283 



REGULATION 286 

under the Employment Standards Act 



TERMINATION OF EMPLOYMENT 

1. For the purposes of Part XII of the Act, 

(a) "temporary lay-off" means, 

(i) a lay-off of not more than thirteen 
weeks in any period of twenty con- 
secutive weeks, 

(ii) a lay-off of more than thirteen 
weeks where, 

(A) the person continues to receive 
payments from the employer, 

(B) the employer continues to 
make payments for the benefit 
of the person laid off under the 
provisions of a bona fide 
retirement or pension plan or 
under a bona fide group or 
employee insurance plan, 

(C) the person laid off receives 
supplementary unemployment 
benefits, or 

(D) the person laid off is entitled to 
be in receipt of supplementary 
unemployment benefits but 
does not receive the same 
because he is employed 
elsewhere during the lay-off, or 



(iii) a lay-off of more than thirteen weeks 
where the employer recalls the person 
within the time or times fixed by 
the Director ; 

{b) "termination of employment" includes a 
lay-off of a p)erson for a period longer 
than a temporary lay-off ; 

(c) "week of lay-off" means a week in which 
a person receives less than one-half of the 
amount he would earn at his regular rate 
in a normal non-overtime work week, but 
shall not mean a week in which a i>erson, 

(i) was not able to work or not avail- 
able for work, 

(ii) was subject to disciplinary suspen- 
sion, or 



(iii) was not provided with work by his 
employer by reason of any strike or 
lock-out occurring at his place of 
employment or elsewhere. R.R.O. 
1970, Reg. 251, s. 1. 

2. Part XII of the Act does not appply to a person 
who, 

(a) is laid off after refusing an offer by his 
employer of reasonable alternate work ; 

(b) is laid off after refusing alternate work 
made available to him through a seniority 
system ; 

(c) is on lay-off and does not return to work 
within a reasonable time after being 
requested to do so by his employer; 

(d) is laid off or terminated during or as a 
result of a strike or lock-out at his place 
of employment ; 

(e) is employed in the construction, alteration, 
decoration, repair or demolition of buildings, 
structures, roads, sewer's, water or gas mains, 
pipelines, tunnels, bridges, canals or other 
works at the site thereof; 

(/) is employed under an arrangement whereby 
he may elect to work or not for a tem- 
porary period when requested so to do; or 

(g) having reached the age of retirement 
according to the established practice of the 
employer, has his employment terminated. 
R.R.O. 1970, Reg. 251. s. 2. 

3. An employer who is engaged in the building, 
alteration or repair of a ship or vessel with a gross 
tonnage of over ten tons designed for or used in com- 
mercial navigation is exempt from the provisions of 
Part XII of the Act in respect of an employee to whom a 
bona fide supplementary unemployment benefit fund, 
plan or arrangement applies that has been agreed upon 
by the employer and the employee or his agent if the 
employee or his agent consents or agrees in writing to 
such exemption. O. Reg. 761/79, s. 1. 

4. Subject to section 5, the notice required to be 
given by an employer under subsection 40 (2) of the 
Act shall not be less than. 



(a) eight weeks' notice if the employment of fifty 
or more f)ersons and fewer than 200 persons 
is to be terminated at an establishment; 



284 



EMPLOYMENT STANDARDS 



Reg. 286 



(b) twelve weeks' notice if the employment of 
200 or more persons and fewer than 500 
persons is to be terminated at an establish- 
ment ; and 

(c) sixteen weeks' notice if the employment 
of 500 or more persons is to be terminated 
at an establishment.. R.R.O. 1970, Reg. 
251, s. 3. 

5. — (1) Where not more than 10 per cent of the per- 
sons employed at an establishment, being fifty or more 
persons, have their employment terminated in any 
period of four weeks or less, the provisions of subsec- 
tion 40 (1) of the Act apply unless the termination is 
caused by the permanent discontinuance of all or part 
of the business of the employer at the establishment in 
which case the provisions of subsection 40 (2) of the 
Act apply. 

(2) In determining the number of persons employed 
at an establishment for the purposes of subsection (1), 
those persons who have been employed for less than 
three months shall not be taken into considera- 
tion. R.R.O. 1970, Reg. 251, s. 4. 

6. A person who has been employed for less than 
three months shall not be entitled to notice under sub- 
section 40 (2) of the Act. R.R.O. 1970, Reg. 251, s. S. 

7. Where notice is required to be given by an 
employer under subsection 40 (2) of the Act, the 
employer shall at the same time notify the Minister in 
writing. R.R.O. 1970, Reg. 251, s. 6. 

8. — (1) Where the terms of employment permit a 
person whose employment is terminated to take 
another position in the establishment as a result of 
which some other person loses his employment, the 
employer may post a notice in a conspicuous part 
of the establishment listing the person to be termi- 
nated in the first instance, his seniority and job 
classification and setting forth the date of termination. 

(2) The posting of the notice mentioned in subsec- 
tion (1) shall be notice of termination of employment as 
of the day of posting to the person losing his employ- 
ment in the circumstances set out in subsection (1). 

(3) The provisions of clause 40 (6) (a) of the Act do 
not apply to a person remaining in the employment of 
the employer in the circumstances set out in subsection 
(1). R.R.O. 1970, Reg. 251, s. 7. 

9. — (1) Notice of termination of employment shall 
be in writing addressed to each person whose 
employment is to be terminated and shall be served 
personally or by registered mail. 

(2) Notice of termination of employment may be 
made conditional upon the happening of a future 
event provided that the length of the notice 
complies with the Act and this Regulation. 



(3) Notice of indefinite lay-off shall be deemed to 
be notice of termination of employment. 

(4) Where a person who has been laid off is no 
longer temporarily laid off as defined in this Regula- 
tion, the employment of that person shall be deemed 
to have been terminated upon the first day that he 
was laid off and the employer shall pay to that 
person an amount calculated in accordance with sub- 
section 40 (7) of the Act, as though the employment of 
the person had been terminated forthwith without 
notice. R.R.O. 1970, Reg. 251, s. 8. 

10. Where a person continues to be employed after 
the expiry of notice of termination of employment for a 
period exceeding the length of the notice, his employ- 
ment shall not be terminated except in accordance 
with the provisions of Part XII of the Act and this 
Regulation. R.R.O. 1970, Reg. 251, s. 9. 

11. The length of notice of termination of employ- 
ment shall not include any week of vacation unless the 
person after receiving the notice agrees to take his 
vacation during the period of the notice. R.R.O. 
1970, Reg. 251, s. 10. 

12. — (1) Subject to subsection (2), the employer 
shall pay to the person given notice of termination 
of employment, the wages to which the person is 
entitled for work performed during the period of 
notice, but in no case shall the employer pay to 
the person for each week during the period of 
notice an amount less than the amount the person 
would have received for a normal non-overtime 
work week at his regular rate, whether the person 
performed work or not. 

(2) Where during the period of notice of termina- 
tion the person who has been given that notice 
is guilty of wilful misconduct or disobedience or 
wilful neglect of duty that has not been condoned 
by the employer, the provisions of Part XII of the Act 
and of this Regulation shall not apply. R.R.O. 1970, 
Reg. 251, s. 11. 

13. — (1) For the purposes of subsections 40 (6) and 
(7) of the Act and of section 12 of this Regulation, the 
employer shall not make any deduction from the 
amounts to be paid thereunder except a deduction, 

(a) required to be made pursuant to a statute; 

(b) subject to subsection (2), expressly 
authorized in writing by the person or his 
agent; or 

(c) pursuant to an order or j udgment of a court. 

(2) An authorization in writing which permits a 
deduction from the said amounts for, 

(a) cash shortages where two or more persons 
have access to the cash ; 

(b) losses due to faulty workmanship; or 



Reg. 286 



EMPLOYMENT STANDARDS 



285 



(c) the value of property stolen from the person, 

is null and void. R.R.O. 1970, Reg. 251, s. 12. 

14. Where the employment of a person is termi- 
nated by notice of termination or otherwise under 
the provisions of this Regulation, any payments 
to which the person is entitled under, 

(a) retirement pension ; 

(b) sickness or disability insurance; or 

(c) workmen's compensation, 

shall not be payments for the purposes of subsections 
40 (6) and (7) of the Act and section 12 of this Regula- 
tion. R.R.O. 1970, Reg. 251, s. 13. 

15. — (1) Subject to subsection (2), period of 
employment constitutes the period between the time 
that the employment first began and the time that 
notice of termination is or should have been given and 



shall include employment before the coming into force 
of Part XII of the Act. 

(2) Successive periods of employment of a person 
by an employer shall constitute one period of employ- 
ment except where the successive periods of employ- 
ment are more than thirteen weeks apart in which case 
the period of last employment shall constitute the 
period of employment for the purposes of Part XII of 
the Act. R.R.O. 1970, Reg. 251, s. 14. 

16. — (1) Where a person is employed for a term or 
a task and the term or task exceeds a period 
of twelve months, the employment shall be deemed 
not to be employment for a definite term or task. 

(2) Where a person who is employed for a definite 
term or task continues to be employed for a period 
of three months or more after completion of the 
term or task for which he was employed, the 
employment of that person shall be deemed not to be 
employment for a definite term or task and his 
emplojmient shall be deemed to have commenced 
at the beginning of the term or task. R.R.O. 1970, 
Reg. 251, s. 15. 



Reg. 287 



ENDANGEREt) SPECIES 



287 



REGULATION 287 

under the Endangered Species Act 



ENDANGERED SPECIES 

1. The species of fauna listed in Schedule 1 are 
declared to be threatened with extinction. O. Reg. 

33/77, s. 1. 

2. The species of flora listed in Schedule 2 is 
declared to be threatened with extinction. O. Reg. 
33/77, s. 2. 



Schedule 1 

1. Coluber constrictor foxi Baird and Girard 
commonly known as Blue Racer. 

2. Crotalus horridus horridus Linnaeus commonly 
known as Timber Rattlesnake. 

3. Falco peregrinus anatum Bonaparte commonly 
known as Peregrine Falcon. 

4. Haliaeetus leucocephalus alascanus Townsend 
commonly known as Bald Eagle. 

5. Pieris virginiensis Edwards commonly known 
as West Virginia White Butterfly. 



6. Natrix sipedon insularum Conant and Clay 
commonly known as Lake Erie Island Water 
Snake. 

7. Charadrius melodus Ord commonly known as 
Piping Plover. 

8. Numenius borealis Forster commonly known as 
Eskimo Curlew. 

9. Aquila chrysaetos Linnaeus commonly known 
as Golden Eagle. 

10. Pelecanus erythrorhynchos Gmelin commonly 
known as White Pelican. 

11. Felts concolor couguar Kerr commonly known 
as Mountain Lion or Eastern Cougar. 

12. Dendroica kirtlandii Baird commonly known 
as Kirtland's Warbler. O. Reg. 33/77, Sched. 
1;0. Reg. 581/77, s. 1. 



Schedule 2 

1. Cypripedium candidum Muhl commorily known 
as Small White Lady's-slipper orchid. O. Reg. 
33/77, Sched. 2. 



Reg. 288 



ENERGY 



289 



REGULATION 288 



under the Energy Act 



FUEL OIL CODE 



1. In this Regulation, 

(a) "approved" means, 

(i) where appHed to a standard, that 
the standard is Hsted in "Titles 
of Appliances, Equipment and Ac- 
cessory Standards Authorized for 
Use in the Province of Ontario 
under the Energy Act, 

(ii) where applied to an appliance, that 
the appliance bears a label issued 
by the Director, or bears a label of 
a designated testing organization, 
certifying conformance with a 
standard acceptable to the Director 
or conforming with a Laboratory 
test report accepted by the Director, 
or 

(iii) where applied to an installation, 
that it conforms with this Regu- 
lation ; 

(6) "professional engineer" means a person 
who is a member or licensee of the As- 
sociation of Professional Engineers of the 
Province of Ontario. O. Reg. 441 /77, s. 1. 

2. — (1) The Code issued by the Canadian Standards 
Association entitled "Installation Code for Oil Burning 
Equipment, CSA B139 - 1976" as it existed on the 1st 
day of September, 1977 and the Standards, Specifica- 
tions and Codes set out therein as reference publica- 
tions insofar as they apply to the said Code are adopted 
as part of this Regulation with the following change: 

1. Part 3 is amended by adding thereto the 
following clause : 

3.13.4 This code also encompasses appliances 
utilizing catalytic fuels including CGSB 
3-GP-27C Naphtha. 

(2) Where there is a conflict between a provision of 
a standard, specification, code or publication adopted 
in subsection (1) and the provisions of this Regulation, 
the provisions of this Regulation shall prevail. 

(3) A reference in the Code adopted in subsection (1) 
to the National Building Code shall be deemed to be a 
reference to the Ontario Building Code. O. Reg. 44 1/ 

77, s. 2. 



3. — (1) Where a leak is suspected in any tank 
or piping or where the Director so requests, the 
owner of the tank or piping shall, 

(a) arrange for a recorded pressure test with 
readings four hours and twelve hours from 
commencement of the test on tanks and 
piping at pressures of, 

(i) not more than 5 psig for uncovered 
tanks, 

(ii) not less than 5 psig or more than 
15 psig for covered tanks, and 

(iii) at least 50 psig or one and one- 
half times the operating pressure, 
whichever is the greater, but not 
more than 100 psig for piping; 

(b) prior to a pressure test being applied 
to any piping, ensure that the piping is 
disconnected from the tank, pump or other 
equipment that may be damaged by the 
applied pressure ; 

(c) ensure that no pressure test is performed 
with any product in the tank unless prior 
authorization has been obtained from the 
Director ; and 

(d) ensure that the pressure gauges used 
in the test required by this subsection 
are calibrated in increments not greater 
than, 

(i) one-tenth of one pound per square 
inch for the tank test, and 

(ii) one-half of one pound per square 
inch for the piping test. 

(2) The owner or a person authorized by the 
owner shall certify on the record of the test that he 
has witnessed all tests and repairs required by 
subsection (1) and the records shall be retained by the 
owner for a period of two years from the date of the 
test. O. Reg. 441/77, s. 3. 

4. The owner of a supply tank or its piping 
shall, 

(a) ensure that any leaks are repaired ; 

(b) ensure that any defective equipment or 
component is repaired or replaced forth- 
with; 

(c) take all reasonable precautions to prevent 
the escape or spillage of fuel oil during all 
operations including testing and repairing ; 
and 



290 



ENERGY 



Reg. 288 



{d) ensure that escaped fuel oil is recovered 
and contaminated soil is removed forth- 
with. O. Reg. 441/77, s. 4. 

5. Where an underground tank will not be used, or 
where it has not been used for two years, whichever 
comes first, the owner of the tank shall, 

(a) remove any product from the tank and 
connected piping ; 

(b) remove the tank from the ground, and 

(i) remove the piping from the ground, 
or 

(ii) purge the piping of combustible 
vapours and permanently seal the 
ends of the piping by capping or 
plugging ; 

(c) where the soil around the tank is con- 
taminated with oil from the tank, remove 
such contaminated soil ; and 

(d) fill any cavities caused by removal of 
the tank to grade level with clean land fill. 
O. Reg. 441 /77, s. 5. 

6. No person shall make a weld in any steel pipe 
that forms or is intended to form a part of a steel 
pipeline or a component of a steel pipeline unless he is 
qualified to make the weld in accordance with the 
requirements of CSA Standard Z 184- 1975 Gas 
Pipeline Systems and is the holder of a subsisting 
identification card issued under the Boilers and Pres- 
sure Vessels Act. O. Reg. 441/77, s. 6. 

7. Where piping from a supply tank for the supply 
of fuel oil to or from fuel oil burner equipment is 
heated by electrical heating cables or the piping is 
used as an electrical resistance heating element, 
the owner shall provide and maintain temperature 
limit controls to ensure the temperature of the fuel 
oil is not raised above its flash point. O. Reg. 
441 /77. s. 7. 

8. — (1) The lessor of a construction heater shall, 
at the time of delivery to the lessee, ensure that, 

(a) the construction heater and its accessories 
are approved and are in a safe operating 
condition ; and 

(b) the lessee is instructed in the safe instal- 
lation and use of the construction heater 
and its accessories as set out in Part 12 
of the Code adopted in section 2. 

(2) The lessee of a construction heater shall 
ensure that, 

(a) the construction heater and its accessories 
are installed and used in accordance with 
the manufacturer's safety instructions as 



approved by a testing organization desig- 
nated under section 15, and Part 12 of the 
Code adopted in section 2 ; 

(b) the installation of a construction heater 
and any associated piping and the repair, 
servicing, or removal of the heater is 
performed only by a person holding a 
certificate as a category II oil burner 
mechanic ; 

(c) the handling and operation of a construction 
heater and its accessories are performed by 
a person who has been instructed in the 
proper performance of such handling and 
operation ; 

(d) a malfunctioning or damaged construction 
heater or its accessories is removed from 
service and such malfunction or damage is 
reported to the lessor. 

(3) Where the owner of a construction heater and 
its accessories is also the user of the heater and 
accessories, he shall ensure that, 

(a) the construction heater and its accessories 
are approved and are maintained in a safe 
operating condition ; 

(b) the construction heater and its accessories 
are installed and used in accordance with 
the manufacturer's safety instructions as 
approved by a testing organization desig- 
nated under section 15, and Part 12 of the 
Code adopted in section 2 ; 

(c) the installation of a construction heater 
and any associated piping and the repair, 
servicing or removal of the heater is per- 
formed only by a person holding a certificate 
as a category II oil burner mechanic; 

(d) the handling and operation of a construction 
heater and its accessories is performed by a 
person who has been instructed in the 
proper performance of such handling and 
operation ; and 

(e) a damaged or malfunctioning construction 
heater and its accessories are removed 
from service. O. Reg. 441 /77, s. 8. 

9. — (1) Subject to sub.sections (2) and (3), no person 
shall offer for sale, sell, lease, rent, buy or install an 
appliance for which there is an approved standard 
unless it is a certified package unit as defined in the 
Code adopted in section 2. 

(2) Where a burner in an existing package unit 
or other oil-fired appliance is to be replaced, the 
replacement burner shall, 

(a) be certified for field installation and be 
suitable for the application for which it is 
intended ; 



Reg. 288 



ENERGY 



291 



{b) be chosen and installed by a person holding 
a certificate as a category II oil burner 
mechanic ; and 

(c) be installed in accordance with Part 9 
of the Code adopted in section 2 and the 
manufacturer's instructions as approved by 
a testing organization designated under 
section 15. 

(3) An appliance and its equipment that con- 
forms with the apphcable requirements of the Code 
adopted in section 2 is exempt from section 10 of the 
Act where, 

(a) the input to the appliance and its equip- 
ment is greater than 70 U.S. gallons per 
hour ; or 

(6) the appliance and its equipment is being 
used for the function for which it was 
designed and has previously been used in 
another location. O. Reg. 441 /77, s. 9. 

10. Every contractor who installs an appliance 
shall record his name, address and registration 
number on the appliance in a readily visible location. 
O. Reg. 441 /77, s, 10. 

11. — (1) The owner of an appliance shall ensure 
that the appliance and its accessories are maintained 
in a safe operating condition and that damaged or 
defective appliances or accessories are repaired or 
replaced forthwith. 

(2) Where a distributor, contractor or oil burner 
mechanic finds that, 

(a) an appliance or its installation does not 
comply with this Regulation ; 

(6) the combustion products of an appliance 
are not safely vented ; 

(c) an appliance has been tagged as unsafe ; 

{d) an appliance is used for a purpose other 
than that for which it is designed ; 

(e) any device, attachment, alteration or 
deterioration might in any way, 

(i) impair the combustion within an 
appliance, or 

(ii) impair the safe venting of an appli- 
ance; or 

(/) there is non-compliance with this Regu- 
lation with respect to the supply of air for 
combustion, 

the distributor, contractor or oil burner mechanic, 
as the case may be, shall forthwith notify in 
writing the owner, or where the owner is not known 
or is unable to be located, the operator of the appli- 



ance and the Director of the condition. O. Reg. 
441/77,s. 11. 

12. — (1) No person shall deliver fuel oil to an 
appliance where the fill and vent pipes connected 
to the supply tank feeding the appliance do not 
terminate outside the building. 

(2) Where a distributor finds that the fill or vent 
pipes connected to the supply tank feeding an appli- 
ance do not terminate outside the building and 
refuses to deliver fuel oil to the appliance in accord- 
ance with subsection (1), he shall notify the owner or 
where the owner is not known or is unable to be 
located, the operator of the appliance and the 
Director of the reason for non-delivery. O. Reg. 
441/77,s. 12. 

13. Where a distributor supplies fuel oil through 
underground piping from a central supply tank or 
tanks, the distributor shall ensure that, 

(a) accurate inventory records are maintained 
and reconciled against daily degree day 
accumulations of the system for indication 
of possible leakage from tanks or piping ; 

(6) any defective equipment or component is 
repaired or replaced forthwith ; 

(c) any leak is reported to an inspector 
within twelve hours of its discovery ; 

{d) the underground part of a repaired or 
replaced piping is not backfilled until it 
has been inspected by a person who 
holds a certificate as a fuel oil pipeline 
inspector ; and 

(e) any escaped fuel oil is recovered and 
contaminated soil is removed forthwith. 
O. Reg. 441/77, s. 13. 

14. Where a fuel oil appliance is served by a 
pipeline, the distributor shall arrange for inspection 
of the appliance at intervals approved by the 
Director. O. Reg. 441 /77. s. 14. 



15. — (1) The Canadian Standards Association, 
the Underwriters' Laboratories of Canada and the 
Canadian Gas Association are designated as organi- 
zations to test fuel oil appliances, including those 
designed to bum both gas and fuel oil, together or 
separately, and catalytic heaters to approved 
standards and, where the appliances conform to the 
standards, to place their label thereon. 

(2) The Canadian Gas Association, the Canadian 
Standards Association and the Underwriters' 
Laboratories of Canada are designated as organi- 
zations to test equipment, components or accessories 
to approved standards and, where the equipment, 
components or accessories conform to the standards, 
to place their label thereon. 



292 



ENERGY 



Reg. 288 



(3) Where an organization designated in sub- 
section ( 1) is testing an appliance having components 
or accessories previously certified by an organi- 
zation not designated in subsection (1), such com- 
ponents or accessories shall be investigated to 
confirm whether they comply with the applicable 
approved standards. O. Reg. 441 /77, s. 15. 

16. An appliance, component, accessory or equip- 
ment for which there is no approved standard may 
be tested by a testing organization designated by 
section 15 and the organization shall report its 
findings to the Director, and where the report is 
accepted by the Director, the label of the designated 
testing organization may be placed on the appliance, 
component, accessory or equipment certifying con- 
formance with the report and the label shall con- 
stitute approval. O. Reg. 441 /77, s. 16. 

17. — (1) Any person may apply to the Director 
for a label in respect of the fuel features of an 
appliance that does not bear the label of the Canadian 
Gas Association, the Canadian Standards Association 
or the Underwriters' Laboratories of Canada. 

(2) Where an application is made under subsection 
(1), and, 

(a) the Director is of the opinion that it is not 
feasible for an organization designated 
under section 15 to test and label the 
appliance ; and 

(6) an inspector inspects the appliance and 
finds that the fuel features conform to 
approved standards, 

the Director shall, subject to subsection (4), issue a 
label for the fuel features of the appliance that the 
inspector shall affix to the appliance. 

(3) Where the inspector so requires, an applicant 
for a label shall conduct, in the presence of the 
inspector, such tests as are considered necessary 
by the inspector to determine that the fuel features 
of the appliance conform to approved standards. 

(4) The Director may refuse to issue a label to an 
applicant under subsection (1), where two or more 
apphances of substantially the same design manu- 
factured by two or more persons have been tested 
and labelled by an organization designated under 
section 15. 

(5) The fee payable by an applicant for insfjecting 
the fuel features of an appliance by an inspector 
under subsection (2) and for observing a test under 
subsection (3) shall be $30 for every hour or fraction 
thereof of the time spent by an inspector and may 
include travel time and reasonable travel and living 
expenses. 

(6) The Director may authorize an organization 
designated under section 15, 

(a) to perform the inspection described in clause 
(2) (6); and 



{b) to require the applicant for a label under 
subsection (1) to conduct such tests as are 
considered necessary by the testing organi- 
zation to determine that the appliance 
conforms to approved standards. 

(7) The organization authorized under subsection 
(6) shall, where the inspection or testing of the 
appliances under subsection (6) indicates that the fuel 
features conform to approved standards, place its label 
thereon. O. Reg. 441/77, s. 17. 

18. — (1) An application for a licence to distribute 
fuel oil by pipeline or a renewal thereof under section 
12 of the Act shall be made to the Director. 

(2) A licence to distribute fuel oil by pipeline or a 
renewal thereof shall be issued to the applicant 
where the distribution system compHes with this 
Regulation. 

(3) The fee on making an application under subsec- 
tion (1) for a licence or renewal thereof for one year is 
$25 for each distribution system. O. Reg. 441/77, 
s. 18. 

19. — (1) An appllication for a registration as a con- 
tractor under section 13 of the Act or a renewal thereof 
shall be made to the Director. 

(2) The fee on making an application for registra- 
tion as a contractor or a renewal thereof is $50 
for one year. 

(3) Evidence of registration as a contractor, or a 
renewal thereof, shall be issued to an applicant by 
the Director when the appHcant is registered as a 
contractor or his registration is renewed. 

(4) A contractor shall display evidence of his 
registration in a conspicuous place in his business 
premises and shall notify the Director forthwith of 
any change of his business address. 

(5) Every registration or renewal thereof, expires 
on the date indicated thereon. 

(6) Registrations and renewals thereof are not 
transferable. 

(7) Where a person's evidence of registration is 
lost or destroyed, he shall, on payment of a $5 fee, 
be issued a dupHcate evidence of registration. 

(8) Where a registered contractor changes his 
name, he shall, on payment of a $5 fee, be issued 
evidence of registration in his new name. O. Reg. 
441 /77, s. 19. 

20. — (1) A certificate as required by subsection 14 
(1) or subsection 17 (2) of the Act or a renewal thereof 
when issued to an applicant shall be designated as a 
category II oil burner mechanic, category III oil burner 
mechanic, or a pipeline inspector certificate, as the 
case may be. 



Reg. 288 



ENERGY 



293 



(2) An application for a certificate as a category II 
oil burner mechanic or category III oil burner 
mechanic under subsection 14 (1) of the Act or a 
renewal thereof shall be made to the Director. 

(3) An application for a certificate as a fuel oil 
pipeline inspector as required by subsection 17 (2) of 
the Act or renewal thereof shall be made to the Direc- 
tor. 

(4) The fee on an initial application for a certifi- 
cate as a category II oil burner mechanic, category 
III oil burner mechanic or as a pipeline inspector, 
or a renewal thereof, is $20 and where a certificate 
is issued, the application fee shall be applied to 
the issue of the initial certificate. 

(5) An appUcant for a certificate as a category 
II oil burner mechanic, category III oil burner 
mechanic or as a pipeline inspector, or a renewal 
thereof, shall satisfy the Director as to his know- 
ledge and competence with respect to the subject- 
matter of the type of certificate applied for. 

(6) Where an applicant for a certificate is not 
successful in passing an examination required by the 
Director under subsection (5), the applicant may not 
make another application for a certificate until a 
period of not less than ninety days has elapsed from 
the date of examination and the fee on a sub- 
sequent application is $20. 

(7) A certificate issued under this section expires 
on the second birthday of the holder next following 
the issuance of the certificate and any subsequent 
renewal shall be for a period of two years expiring 
on the birthday of the holder. 

(8) The holder of a certificate shall notify the 
Director forthwith of any change of his address. 

(9) When a person's certificate is lost or destroyed, 
he shall, on payment of a $5 fee. be issued a dupli- 
cate certificate. 

(10) Where the holder of a certificate changes his 
name, he shall, on payment of a $5 fee, be issued a 
certificate in his new name. O. Reg. 441 /77, s. 20. 

21. — (1) Where a person holds more than one valid 
certificate under section 14 of the Act, he shall make 
one application for renewal of all such certificates. 

(2) Notwithstanding subsection 20 (4), the fee for 
the renewal of all certificates issued under subsection 
14 (1) of the Act is $20. O. Reg. 441/77, s. 21. 

22. Section 14 of the Act does not apply to, 

(a) a p)erson who installs an appliance or 
works on an installed appliance in his own 
single-family detached dwelling; or 

(b) a person who works on any appliance 
having an input of more than 25 U.S. 
gallons per hour or using fuel oil heavier 
than type 2. O. Reg. 441 /77. s. 22. 



23. — (1) The holder of a certificate as a category II 
oil burner mechanic may install, alter, purge, 
activate, repair, service or remove any appliance 
having an input of 25 U.S. gallons per hour or 
less and using fuel oil not heavier than type 2, 
and in connection therewith may perform the follow- 
ing procedures, 

(a) clean, oil or replace any electrical com- 
ponent or accessory forming part of such 
appliance ; 

(b) perform such tasks as are necessary to 
replace controls and components forming 
part of such appliance other than the 
replacement of a low water cut-off ; 

(c) install, service, remove or replace any flue 
pipe for such appliance, together with the 
associated draft control devices including 
any electrical wiring within three feet 
of the device ; 

(d) install, service, remove or replace any 
piping or tankage for such appliance in- 
cluding piping, components, valves and 
heating equipment ; 

{e) disconnect and reconnect not more than 
five feet in horizontal measurement of water 
piping in order to replace water heaters 
with approved water heaters and carry out 
the replacement necessary to complete the 
reconnection of controls and components 
that form part of an approved water 
heater ; and 

(/) the procedures permitted of the holder of a 
certificate as a category III oil burner 
mechanic. O. Reg. 441/77. s. 23 (1); 
O. Reg. 665/77, s. 1. 

(2) The holder of a certificate as a category III 
oil burner mechanic may perform the following 
procedures, 

(a) clean, lubricate or reactivate an appli- 
ance ; and 

(b) clean, remove and replace any flue pipe 
or the barometric damper. O. Reg. 441 /77, 
s. 23 (2). 

24. Where an appliance is to be installed in a 
building, the Director may require, 

(a) that installation drawings be submitted 
to him prior to the commencement of the 
installation ; and 

(6) that such drawings be certified by a pro- 
fessional engineer as complying with this 
Regulation. O. Reg. 441 /77, s. 24. 



Reg. 289 



ENERGY 



295 



REGULATION 289 

under the Knergy Act 



GAS PIPELINE SYSTEMS 
1. In this Regulation, 

(a) "operating company" means an individual, 
partnership, corporation, public agency or 
other entity operating a gas pipeline system; 

(b) "professional engineer" means a person who is 
a member or licensee of the Association of 
Professional Engineers of the Province of 
Ontario. O. Reg. 629/80, s. 1. 

2. — (1) The Standard issued by the Canadian Stan- 
dards Association entitled CSA Standard Z184-M1979 
Gas Pipeline Systems, as it existed on the 1st day of 
August, 1980, and the standards, specifications, codes 
and publications set out therein as reference publica- 
tions insofar as they apply to the said Standard are 
adopted as part of this Regulation with the following 
changes: 

1. Clause 1.1.1. is revoked and the following 
substituted therefor: 

1.1.1. This Standard covers the design, fab- 
rication, installation, inspection, test- 
ing, and the safety aspects of operation 
and maintenance of gas pipeline sys- 
tems including transmission lines, 
compressor stations, metering and 
regulating stations, distribution lines 
and service lines. 



2. The explanations and note under Table 3.2 
are revoked and the following substituted 
therefor: 

*Category I does not require proven notch 
toughness properties. Category II materials 
shall have minimum Charpy V-notch tough- 
ness requirements of 20J at the design temper- 
ature. 

+Category I valves, fittings and flanges may 
be specified for pipe runs less than 50 metres 
in length. 

Note: Valves to AP16D, Specification for 
Pipeline Valves, that have been qualified for 
design temperatures below -29 degrees Cel- 
sius meet Category II requirements at or 
above the test temperature used. 

3 . The explanations under Table 3 . 3 are revoked 
and the following substituted therefor: 

*For pipe runs exceeding 50 metres in length 
Category II pipe should be specified when the 
design operating stress exceeds 145 MPa for 
pipe in Class Location 2, or 120 MPa for pipe 
in Class Location 3, or 95 MPa for pipe in 
Class Location 4. 

+Categor>' I pipe may be specified for pipe 
runs less than 50 metres in length. 



Table 6.6 is revoked and the following substituted therefor: 
Table 6.6* 



Test Requirements for Pipelines to Operate at Hoop Stresses of 30 Per Cent or 
More of the Sjsecified Minimum Yield Strength of the Pipe 


1 


2 




3 


4 


5 


Class 
Location 


Permissible 
Test Medium 




Prescribed Test Pressure 
Minimum Maximum 


Maximum Allowable 

Operating Pressure 

(Lesser oO 


1 


Approved Liquid 
Air or Gas 




1.25xm.o.p. 
1.25xm.o.p. 


Clause 6.5.9.3. 
1.25 xd.p. 


t.p. H- 1.25 or d.p. 
t.p. -^ 1.25 or d.p. 


2 


Approved Liquid 
Air or Gas 




1.25xm.o.p. 
1.25xm.o.p. 


Clause 6.4.9.3. 
1.25 xd.p. 


t.p. ^ 1.25 or d.p. 
t.p. -i- 1.25 or d.p. 


3 


Approved Liquid 




1.40xm.o.p. 


Clause 6.4.9.3. 


t.p. -^ 1.40 or d.p. 


4 


Approved Liquid 




1.40xm.o.p. 


Clause 6.4.9.3. 


t.p. -j- 1.40 or d.p. 



*This Table brings out the relationship between test pressures and maximum allowable 
operating pressure subsequent to the test. If an operating Company decides that the 



296 



ENERGY 



Reg. 289 



Notes: 



maximum operating pressure will be less than the design pressure, a corresponding reduction 
in prescribed test pressure may be made as indicated in Column 3. However, if the reduced 
test pressure is used, the maximum operating pressure cannot later be raised to the design 
pressure without retesting the pipeline to the test pressure prescribed in Column 4. (See 
Clauses 2.1 and 6.8.1) 



(1) m.o.p. = maximum operating pressure (not necessarily the maximum allowable operating pressure). 

(2) d.p. = design pressure. 

(3) t.p.=test pressure. 

(4) For definitions of terms S, D, t, E, and T, see Clause 6.4.1.1. 



(2) Where there is a conflict between a provision of a 
standard, specification, code or publication adopted in 
subsection (1) and the provisions of this Regulation, 
the provisions of this Regulation shall prevail. 
O. Reg. 629/80, s. 2. 

3. No person shall design, construct, erect, alter, 
install, test or remove a pipeline, plant, machinery or 
equipment for the transmission or distribution of gas 
except in accordance with the Standard adopted under 
section 2 and this Regulation. O. Reg. 629/80, s. 3. 

4. — (1) Before commencing an installation, exten- 
sion, replacement or reclassification of a gas pipeline 
with a diameter in excess of 219.1 millimetres or 
intended for an operating pressure in excess of 860 kPa 
every operating company shall obtain, 

(o) written acknowledgement from the Director 
that the installation, extension, replacement 
or reclassification, as the case may be, con- 
forms to the requirements of the Act and this 
Regulation; or 

ib) certification by a professional engineer that 
the installation, extension, replacement or 
reclassification, as the case may be, conforms 
to the requirements of the Act and this Regu- 
lation. 

(2) Subsection (1) does not apply to a service line 
with a diameter of less than 88.9 millimetres. 

(3) Before uprating a pipeline, every operating com- 
pany shall obtain, 

(a) written acknowledgement from the Director 
that the uprating of the pipeline conforms to 
the requirements of the Act and this Regula- 
tion; or 

(b) certification by a professional engineer that 
the uprating of the pipeline conforms to the 
requirements of the Act and this Regula- 
tion. O. Reg. 629/80, s. 4. 



5. Every operating company shall, where the 
Director has reason to believe an unsafe condition exists 
in a pipeline, uncover any part of the pipeline at the 
written request of the Director. O. Reg. 629/80, s. 5. 

6. — (1) Every operating company shall formulate in 
writing and file with the Director a manual setting out 
its standard practices and procedures that shall comply 
with this Regulation. 

(2) Every operating company shall review the man- 
ual referred to in subsection (1) at least once annually, 
make the revisions necessary to reflect new technology 
and changes in the company's standard practices and 
procedures and inform the Director in writing of any 
revision. 

(3) The standard practices and procedures required 
under subsection (1) and the revisions required under 
subsection (2) shall be certified by a professional 
engineer as conforming to this Regulation. O. Reg. 
629/80, s. 6. 

7. Every operating company shall, on or before the 
sixtieth day of its fiscal year, file with the Director in 
writing a general description of the pipelines it proposes 
to install during the fiscal year, including, where 
known, the nominal size, length, operating pressure 
and location of each pipeline. O. Reg. 629/80, s. 7. 

8. When a radiographic examination is required by 
the Standard adopted under section 2 , a summary of the 
results of the examination shall be kept for the life of the 
pipeline. O. Reg. 629/80, s. 8. 

9. Where plastic pipe and fittings are used in a 
pipeline, the plastic pipe and fittings shall be certified 
by a recognized testing laboratory as conforming to the 
standards contained in "Titles of Appliances, Equip- 
ment and Accessor>' Standards Authorized for Use 
in the Province of Ontario under the Energy Act". 
O. Reg. 629/80, s. 9. 

10. No person shall make a weld in any steel pipe 
that forms or is intended to form a part of a steel pipeline 
or a component of a steel pipeline unless he is qualified 



Reg. 289 



ENERGY 



297 



to make the weld in accordance with the requirements 
of the Standard adopted under section 2 and is the 
holder of a subsisting identification card issued under 
the Boilers and Pressure Vessels Act. O. Reg. 629/ 
80, s. 10. 

11. Where a pipeline to be used by an operating 
company is installed, tested or replaced, the operating 
company shall ensure that a person who holds a certifi- 
cate as a gas pipeline inspector certifies that the instal- 
lation, testing or replacement of the pipeline has been 
made in accordance with this Regulation. O. Reg. 
629/80, s. 11. 

12. — (1) An application for a licence to transmit gas 
or a renewal thereof under section 12 of the Act shall 
be made to the Director. 

(2) The fee payable On an application for a licence to 
transmit gas, or a renewal thereof, is, where the amount 
of gas transmitted in the twelve-month period preced- 
ing the year for which application is made, 

(a) does not exceed 14,000,000 cubic metres, 
$100; 



(b) exceeds 14,000,000 cubic metres, $250. 
Reg. 629/80, s. 12. 



O. 



13. — (1) An application for a licence to distribute 
gas or a renewal thereof under section 12 of the Act 
shall be made to the Director. 

(2) The fee payable for a licence to distribute gas, or a 
renewal thereof, is, where the amount of gas distributed 
in the twelve-month period preceding the year for 
which application is made, 

(o) does not exceed 14,000 cubic metres, nil; 

(b) exceeds 14,000 cubic metres but does not 
exceed 280,000 cubic metres, $25; 

(c) exceeds 280,000 cubic metres but does not 
exceed 2,800,000 cubic metres, $50; 

id) exceeds 2,800,000 cubic metres but does not 
exceed 14,000,000 cubic metres, $150; 

(e) exceeds 14,000,000 cubic metres, $350. O. 
Reg. 629/80, s. 13. 



14. — (1) An application for a certificate as a gas 
pipeline inspector, or a renewal thereof, under subsec- 
tion 14 (1) of the Act shall be made to the Director. 

(2) The fee on an initial application for a certificate as 
a gas pipeline inspector is $20 and where a certificate is 
issued the application fee shall be applied to the issue of 
the initial certificate. 

(3) An initial certificate as a gas pipeline inspector 
expires on the holder's second birthday next following 
the issuance of the certificate and any subsequent 
renewal shall be for a period of two years expiring on the 
date shown on the certificate. 

(4) The renewal fee for a certificate as a gas pipeline 
inspector is $20. 

(5) An applicant for a certificate as a gas pipeline 
inspector, or a renewal thereof, shall satisfy the Direc- 
tor as to his knowledge and competence as a gas 
pipeline inspector. 

(6) The holder of a certificate shall notify the Direc- 
tor forthwith of any change of his address. 

( 7) Where a person's certificate is lost or destroyed he 
shall, on payment of a $5 fee, be issued a duplicate 
certificate. 

(8) Where the holder of a certificate changes his 
name he shall on payment of a $5 fee be issued a 
certificate in his new name. O. Reg. 629/80, s. 14. 

15. Subsection 14 (1) and section 17 of the Act do 
not apply to a person who is a professional engineer. 
O. Reg. 629/80, s. 15. 

16. — (1) Where a person holds more than one valid 
certificate under section 14 of the Act, he shall make 
one application for the renewal of all such certificates. 

(2) Notwithstanding subsection 14 (4), the fee for 
the renewal of all certificates for which application is 
made under subsection (1) is $20. O. Reg. 629/80, 
s. 16. 

1 7. Every licence or renewal thereof expires on the 
date shown thereon. O. Reg. 629/80, s. 17. 



Reg. 290 



ENERGY 



299 



REGULATION 290 

under the Energy Act 



GAS UTILIZATION CODE 
1. In this Regulation, 
(a) "approved" means, 

(i) where applied to a standard, that 
the standard is listed in "Titles of 
Appliances, Equipment and Acces- 
sory Standards Authorized for Use 
in the Province of Ontario Under 
the Energy Act", 

(ii) where apphed to an appliance, that 
the appliance bears a label issued by 
the Director, or bears a label of a 
designated testing organization, cer- 
tifying conformance with a standard 
acceptable to the Director or con- 



forming with a laboratory test report 
accepted by the Director, or 

(iii) where applied to an installation, 
that it conforms with this Regu- 
lation ; 

(b) "professional engineer" means a person who 
is a member or licensee of the Association 
of Professional Engineers of the Province 
of Ontario. O. Reg. 439/77, s. 1. 

2. — (1) The Code issued by the Canadian Gas 
Association entitled "Installation Code for Natural 
Gas Burning Appliances and Equipment, CGA B 
149.1-1976 as it existed on the 1st day of September, 
1977 and the Standards, Specifications and Codes set 
out therein as reference publications insofar as they 
apply to the said Code are adopted as part of this 
Regulation with the following changes: 



1. Part 3 is amended by adding thereto the following clause: 

3.4.2 : Appliances shall not be installed in an area of a dry-cleaning or other establishment that has an 
atmosphere where vapours corrosive to the appliances may be present. 

2. Clause 3.10.1 is revoked and the following substituted therefor: 

3.10.1: Meter/regulator installations shall be in accordance with CSA Standard Z184-Gas Pipeline 
Systems. 

3.10.2: A meter, and regulator assembly, may only be installed, tested, serviced or changed by a 
person authorized by the distributor. 

3. Part 5 is amended by adding thereto the following clause : 

5.29: An infra-red heater shall not be installed in single or multiple family dwellings, hotels, motels 
or buildings used for institutional occupancy. 

4. Subclause 6. 14.4 (a) is revoked and the following substituted therefor: 
(a) : a certified tee or 90° elbow of Type B. Vent material. 

5. Clause 6.19.2 is amended by adding the words "Except in buildings used as one or two family 
dwellings" at the beginning thereof. 

6. Section 7.1 is revoked. 

7. Clause 7.11.1 is revoked and the following substituted therefor: 

7.11.1: Boilers shall be equipped with approved automatic devices of which the sole function shall 
be to shut down the burners in the event of undue pressure or low water in a steam boiler, overheating in 
a water boiler, low water in a water boiler with an input in excess of 250,000 BTUH or where the hot water 
system is below the highest flue pass of the boiler. 



300 



ENERGY 



Reg. 290 



8. Clause 9.2.2 is revoked and the following substituted therefor ; 

9.2.2: Except where the total input of an appliance is less than 2,000,000 BTUH, provision shall 
be made for shutting off the gas supply to the appliance by locating a shut-off valve outside the room 
occupied by the appliance. This valve shall be readily accessible in the event of emergency. 

9. Part 10 is amended by adding thereto the following clauses: 

10.10.9: Welding shall be performed by persons certified under the Boilers and Pressure Vessels Act and 
using methods set forth in Regulation 289 of Revised Regulations of Ontario, 1980. 

10. 10. 10: Testing of underground welded pipe shall be performed in accordance with the procedures set forth 
in Regulation 289 of Revised Regulations of Ontario, 1980. 

10. Subclause 10.13.2 (b) is revoked and the following substituted therefor: 

(b) : its diameter is not less than the diameter of the piping it serves or two inches diameter, whichever 
is the lesser. 

11. Clause 10.22.4 is amended by adding thereto the following subclauses: 

(c): additions to existing piping systems under y^ psig may, if less than twenty feet in length, be 
tested in accordance with clause b. 

(d): the fitter who makes a pressure test on a gas system shall, when the test is completed, attach 
to the piping a tag in a form acceptable to the distributor recording the test pressure and duration, the 
date and his certificate number. 



(2) Where there is a conflict between a provision 
of a standard, specification, code or publication 
adopted in subsection (1) and the provisions of this 
Regulation, the provisions of this Regulation shall 
prevail. 

(3) A reference in the Code adopted in subsection (1) 
to the National Building Code shall be deemed to be a 
reference to the Ontario Building Code. 

(4) A reference in the code adopted in subsection (1) 
to "enforcing authority" shall be deemed to be a ref- 
erence to "gas distributor" in the following clauses: 

1. 

2. 
3. 
4. 
5. 
6. 
7. 

O. Reg. 439/77, s. 2. 



3. No person shall knowingly supply gas to or 
use a gas appliance where, 



4.1. 2 


4.7. 1 


6.5. 1 


6.8. 1 


6.19.4 


6.19.5 


10.15.7 


0. R 


Appliances 


USE OF APPLIANCES 



(a) its installation is inspected by the distributor 
under subsection 15 (2) of the Act and is 
found not to comply with the Act or this 
Regulation; 

(b) the combustion products of the appliance 
are not safely vented; or 

(c) the appliance has been tagged as unsafe. 
O. Reg. 439/77, s. 3. 

4. — (1) Subject to subsections (2) and (3), where a 
gas distributor finds that, 

(a) an appliance is used for a purpose other 
than that for which it is designed ; 

(b) any device, attachment, alteration or deter- 
ioration might in any way impair the 
combustion within or safe venting of an 
appliance ; 

(c) there is non-compliance with this Regu- 
lation with respect to the venting of the 
appliance or the siipply of air for com- 
bustion ; 

(d) the operation of an appliance raises the 
surface temperature of adjacent com- 
bustible material in excess of 194° Fahren- 
heit; or 

(e) the condition of the piping, tubing or hose 
does not comply with this Regulation, 

the distributor shall notify the user of the appliance 
in writing of the existence of any condition set out 



Reg. 290 



ENERGY 



301 



in clause (a), (b), (c), {d) or (e), as the case may be, and 
that, unless the appliance or its installation is corrected 
within ten days of the receipt of the notice by the user, 
that the user's supply of gas will be terminated. 

(2) Where the distributor is satisfied that no hazard 
exists as a result of a finding under subsection (1), he 
may extend the ten-day period in subsection (1) by a 
further ten days. 

(3) Where the Director agrees, the distributor may 
further extend the period in subsection (2) for such 
time as the Director designates. O. Reg. 439/77, s. 4. 

5. — (1) Where an appliance or its installation is not 
corrected within the period set out in subsection 4 (1), 
(2) or (3), as the case may be, the distributor shall not 
supply gas to the appliance and no person shall use the 
appliance until the appliance or its installation is cor- 
rected. 

(2) The person responsible for the operation of 
an appliance shall ensure that the appliance is 
maintained in a safe operating condition. O. Reg. 
439/77, s. 5. 

6. — (1) Every distributor shall formulate in writ- 
ing and file with the Director a manual setting out 
his standard practices and procedures and shall 
include therein the types and categories of residen- 
tial and commercial appliances and the frequency of 
re-inspection for an appliance and its installation 
and each distributor shall operate in conformance 
with his manual. 

(2) Notwithstanding subsection (1), it shall be the 
responsibility of the owner of an industrial estab- 
lishment where gas is used to arrange for the main- 
tenance of appliances and their installations and to 
ensure that they are installed and maintained in 
^cordance with the Act and this Regulation. 

(3) The distributors, and the persons in charge 
of the establishments referred to in subsection (2), 
shall maintain a record of each inspection made 
under this section until the report of the next 
inspection is completed. O. Reg. 439/77, s. 6. 

APPROVAL OF APPLIANCES 

7. — (1) The Canadian Gas Association is desig- 
nated as an organization to test all gas appliances 
to approved standards and, where the appliances 
conform to the standards, to place its label thereon. 

(2) The Canadian Standards Association Testing 
Laboratories and the Underwriters' Laboratories 
of Canada are designated as organizations to test, 

(a) gas appliances having an input greater than 
400,000 BTUH; 

(b) gas appliances of any input designed 
primarily for commercial or industrial use 



except commercial cooking and water heat- 
ing; 

(c) gas appliances of any input designed 
primarily for mobile homes; and 

(d) appliances using gas or electricity inter- 
changeably to perform the same functions, 

and where the appliances conform to the approved 
standards, place their label thereon. 

(3) The Canadian Gas Association, the Canadian 
Standards Association Testing Laboratories and the 
UnderwriterF' Laboratories of Canada are desig- 
nated as organizations, 

(a) to test equipment components or acces- 
sories; and 

(6) to test appliances designed to burn both 
gas and fuel oil either together or separately, 

to approved standards and, where the equipment, 
components, accessories or appliances conform to 
the standards, to place their labels thereon. 

(4) The Underwriters' Laboratories Incorporated 
is designated as an organization to test equipment, 
components and accessories to approved standards 
and, where the equipment, component or accessory 
conforms to the standards, to place its labels thereon. 

(5) Where an organization designated in sub- 
section (3) is testing an appliance having components 
or accessories previously certified by an organiza- 
tion not designated under subsection (3), the com- 
ponents or accessories shall be investigated to 
ascertain whether they comply with the applicable 
approved standards. O. Reg'. 439/77, s. 7. 

8. An appliance, component, accessory or equip- 
ment for which there is no approved standard may 
be tested by a testing organization designated under 
subsection 7 (3) and the organization shall report its 
findings to the Director and where the report is 
accepted by the Director, the label of the designated 
testing organization may be placed on the appliance, 
component, accessory or equipment certifying confor- 
mance with the report and the label shall constitute 
approval. O. Reg. 439/77, s. 8. 

9. — (1) Any person may apply to the Director 
for a label in respect of the fuel features of an 
appliance having an input not in excess of 50,000,000 
BTUH that does not bear the label of the Canadian 
Gas Association, the Canadian Standards Associa- 
tion or the Underwriters' Laboratories of Canada. 

(2) Where an application is made under subsection 
(1), and, 

(a) the Director is of the opinion that it is not 
feasible for an organization designated under 



302 



ENERGY 



Reg. 290 



subsection 7 (3) to test and label the 
appliance; and 

(6) an inspector inspects the appliance and 
finds that the fuel features conform to 
approved standards, 

the Director shall, subject to subsection (4), issue a 
label for the fuel features of the appliance that the 
inspector shall affix to the appliance. 

(3) Where the inspector so requires, an applicant 
for a label shall conduct, in the presence of the 
inspector, such tests as are considered necessary 
by the inspector to determine that the fuel features 
of the appliance conform to approved standards. 

(4) The Director may refuse to issue a label to an 
applicant under subsection (1) where two or more 
appliances of substantially the same design manufac- 
tured by two or more persons have been tested and 
labelled by an organization designated under subsec- 
tion 7 (3). 

(5) The fee payable by an applicant for inspecting 
the fuel features of an appliance by an inspector under 
sub.section (2) and for observing a test under subsection 
(3) shall be $30 for every hour or fraction thereof of the 
time spent by an inspector and may include travel time 
and reasonable travel and living expenses. 

(6) The Director may authorize an organization 
designated under subsection 7 (3), 

(a) to perform the inspection described in clause 
(2) (b); and 

(h) to require the applicant for a label under sub- 
section (1) to conduct such tests as are consi- 
dered necessary by the testing organization to 
determine that the appliance conforms to 
approved standards. 

(7) The organization authorized under subsection 
(6) shall, where the inspection or testing of the 
appliances under subsection (6) indicates that the fuel 
features conform to approved standards, place its label 
thereon. O. Reg. 439/77, s. 9. 

10. Where application is made under subsection 9 
(1) in respect of the fuel features of an appliance where 
there is no approved standard for the appliance or 
where an approved standard is only partially applic- 
able, an inspector may determine whether the fuel 
features of the appliance conform to the applicable 
requirements of any approved standard and to this 
Regulation. O. Reg. 439/77, s. 10. 

EXEMPTIONS 

11. — (1) An appliance having an input in excess 
of 50,000,000 BTUH that conforms to the applicable 
requirements of the Code adopted in section 2 is 
exempt from section 10 of the Act. 



(2) The owner of an appliance referrd to in subsec- 
tion (1) shall submit to the gas distributor, prior to the 
activation of the appliance, 

(a) certification by a professional engineer 
that the appliance and its installation con- 
form to the requirements of the code 
adopted in section 2; and 

(b) the name, address and telephone number 
of the person who will activate the appli- 
ance. 

(3) A manually operated appliance other than a 
commercial type appliance or residential type 
appliance with an input not exceeding 20,000 BTUH, 
and a Bunsen burner, are exempt from section 10 
of the Act. 

(4) An appliance that is being used for the 
function for which it was designed and that has 
previously been used in another location is exempt 
from section 10 of the Act. O. Reg. 439/77, s. 11. 

12. — (1) An application for registration as a con- 
tractor under section 13 of the Act, or a renewal there- 
of, shall be made to the Director. 

(2) The fee on making an application for regis- 
tration as a contractor or a renewal thereof for 
one year is $50. 

(3) Evidence of registration as a contractor or a 
renewal thereof shall be issued to an applicant by 
the Director when the applicant is registered as a 
contractor or his registration is renewed. 

(4) A contractor shall display evidence of his 
registration in a conspicuous place in his business 
premises and shall notify the Director forthwith of 
any change of his business address. 

(5) Where a person's evidence of registration is 
lost or destroyed he shall, on payment of a $5 fee, 
be issued a duplicate evidence of registration. 

(6) Where a contractor changes his name, he 
shall, on payment of a $5 fee, be provided with 
evidence of registration in his new name. 

(7) Every registration or renewal thereof expires 
on the date indicated thereon. 

(8) Registrations and renewals thereof are not 
transferable. O. Reg. 439/77, s. 12. 

13. — (1) An application for a certificate under sub- 
section 14 (1) of the Act or a renewal thereof shall be 
made to the Director. 

(2) A certificate under subsection 14 (1) of the Act or 
renewal thereof when issued to an applicant shall be 
designated as a gas fitter I, gas fitter II, gas appliance 
installer I, gas appliance installer II, maintenance gas 
fitter, service gas fitter or gas standby fitter certificate, 
as the case may be. 



Reg. 290 



ENERGY 



303 



(3) The fee on an initiEil application for a certificate 
under subsection (1) or a renewal thereof is $20 and, 
where a certificate is issued, the application fee shall 
be applied to the issue of the certificate. 

(4) A certificate issued under this section expires 
on the second birthday of the holder next following 
the issuance of the certificate and any subsequent 
renewal shall be for a period of two years expiring 
on the birthday of the holder. 

(5) An applicant for a certificate under subsection 
14 (1) of the Act or a renewal thereof shall satisfy the 
Director as to his knowledge and competence with 
respect to the subject-matter of the type of certificate 
applied for. 

(6) Where an applicant for a certificate is not 
successful in passing an examination required by 
the Director under subsection (5), the applicant may 
not make another application for a certificate until 
a period of not less than ninety days has elapsed 
from the date of the examination and the fee on a 
subsequent application is $20. 

(7) The holder of a certificate shall notify the 
Director forthwith of any change of his address. 

(8) Where a person's certificate is lost or de- 
stroyed, he shall, on payment of a $5 fee, be issued 
a duplicate certificate. 

(9) Where the holder of a certificate changes 
his name, he shall, on payment of a $5 fee, be 
issued a certificate in his new name. O. Reg. 439/77, 
s. 13. 

14. Section 14 of the Act does not apply to a 
person who installs an appliance or works on an 
installed appliance in his own single-family detached 
dwelling. O. Reg. 439/77, s. 14. 

15. — (1) Where a person holds more than one valid 
certificate under section 14 of the Act, he shall make 
one application for renewal of all such certificates. 

(2) Notwithstanding subsection 13 (3), the fee for 
renewal of all certificates issued under subsection 14 
(1) of the Act is $20. O. Reg. 439/77, s. IS. 

16. The holder of, 

(a) a certificate as a gas fitter I may install, 
alter, purge, activate, repair, service or 
remove an appliance with any BTUH 
input and its equipment and in connec- 
tion therewith may perform the following 
procedures : 

(i) clean, oil or replace any electrical 
component or accessory forming 
part of such appliance, 



(ii) disconnect and reconnect not more 
than five feet in horizontal measure- 
ment of water piping in order to 
replace water heaters with approved 
water heaters and carry out the 
necessary replacement of controls 
and components that form part of 
an approved water heater, 

(iii) perform such tasks as are necessary 
to replace controls and components 
forming part of such appliance other 
than the replacement of a low water 
cut-off, 

(iv) install, service, remove or replace 
any vent or vent-connector together 
with its associated draft control 
devices, and 

(v) install, service, remove or replace 
components and accessories forming 
part of a refrigerating or air-con- 
ditioning unit; 

(6) a certificate as a gas fitter II may install, 
alter, purge, activate, repair, service or 
remove a preassembled appliance having 
an input of 400,000 BTUH or less and the 
equipment therefor and in connection 
therewith may perform the procedures 
described in paragraphs i, ii, iii, iv and v 
of clause (a); 

(c) a certificate as a gas appliance installer I 
may install, test, purge, activate or remove 
any appliance with any BTUH input and 
may perform the following procedures: 

(i) install or remove any vent or vent 
connector together with its asso- 
ciated draft control devices, 

(ii) install or remove any piping to such 
appliance downstream of the meter, 
and 

(iii) disconnect and reconnect not more 
than five feet in horizontal measure- 
ment of water piping in order to 
replace water heaters with approved 
water heaters and carry out the 
replacement necessary to complete 
the reconnection of controls and 
components that form part of an 
approved water heater; 

{d) a certificate as a gas appliance installer II 
may install, test, purge, activate or remove 
a preassembled appliance having an input 
of 400,000 BTUH or less and the equip- 
ment therefor and in connection therewith 
may jjerform the procedures described in 
paragraphs i, ii and iii of clause (c); 



304 



ENERGY 



Reg. 290 



(e) a certificate as a maintenance fitter may 
install, test, purge, activate, repair, ser- 
vice or remove an appliance fuelled with 
gas or propane in the vapour state having 
any input and its equipment that is located 
or is being located on the industrial 
premises of his employer; 

(/) a certificate as a service gas fitter may 
purge, activate, repair, service or remove 
a preassembled appliance having an input 
of 400,000 BTUH or less where the appli- 
ance has been manufactured by his em- 
ployer or is being serviced by his employer 
where the employer is an authorized agent 
of the manufacturer and in connection 
therewith may perform the following pro- 
cedures : 

(i) service or replace any electrical 
component or accessory forming 
part of such appliance, 

(ii) service, remove or replace any vent 
or vent-connector together with its 
associated draft devices, and 



(iii) such tasks as are required to replace 
controls and components forming part 
of such appliance other than the 
replacement of a low water cut-off; or 

ig) a certificate as a gas standby fitter shall 
be a person employed by a distributor 
supplying natural gas and may perform the 
following procedures: 

(i) shut off all types of appliances of 
any input including the complete 
turn off of a gas service, 

(ii) relight and perform basic adjust- 
ments on a residential appliance, 
and 

(iii) make emergency gas leakage tests 
and repairs on a residential appli- 
ance. O. Reg. 439/77, s. 16. 

17. Every distributor of gas shall pay an annual 
fee for inspections during the year of his pipelines 
and appliances and the pipelines and appliances of 
his consumers in an amount equal to the cost of the 
inspections. O. Reg. 439/77, s. 17. 



Reg. 291 



ENERGY 



305 



REGULATION 291 

under the Knergy Act 



OIL PIPELINE TRANSPORTATION 
SYSTEMS 

I. In this Regulation, 

(a) "oil" means crude oil, liquid petroleum prod- 
ucts, natural gasoline, natural gas liquids, 
liquefied petroleum gas and any condensate 
resulting from the production, processing or 
refining of gas; 

(b) "operating compan>'" means an individual, 
partnership, corporation, public agency or 
other entity operating an oil pipeline trans- 
portation system; 

(c) "professional engineer" means a person who is 
a member or licensee of the Association of 
Professional Engineers of the Province of 
Ontario. O. Reg. 1032/80, s. 1. 

2. — (1) The Standard issued by the Canadian Stan- 
dards Association entitled CSA Standard Z 183- 1977 
Oil Pipeline Transportation Systems as it existed on 
the 31st day of December, 1980 and the standards, 
specifications, codes and publications set out therein as 
reference publications insofar as they apply to the said 
Standard are adopted as part of this Regulation with 
the following changes: 

1. The definitions of "High Vapour Pressure 
(HVP) Pipeline" and "Low Vapour Pressure 
(LVP) Pipeline" in clause 2.1 are revoked and 
the following substituted therefor: 

"High Vapour Pressure (HVP) 
Pipeline" means a pipeline transport- 
ing hydrocarbons or hydrocarbon 
mixtures in a liquid or quasi-liquid 
state that cannot be stored in tanks 
designed for atmospheric service, but 
excluding liquefied natural gas 
(methane), or other hydrocarbons 
which require cr\'ogenic techniques to 
maintain a liquid state; 

"Low Vapour Pressure (LVP) 
Pipeline" means a pipeline transport- 
ing hydrocarbons or hydrocarbon 
mixtures in a liquid state that can be 
stored in tanks designed for atmos- 
pheric pressure; 

2. Clause 3.1.2.4.3.1 is revoked and the follow- 
ing substituted therefor: 

3.1.2.4.3.1 General. 



Valves shall be installed on both sides of 
major water crossings and at other locations 
in a pipeline appropriate for the terrain in 
order to limit damage from accidental dis- 
charge. The maximum distance between VEil- 
ves shall not exceed 18.6 miles (30 km). 

3 . Clause 3.1.2.4.3.2 is revoked and the follow- 
ing substituted therefor: 

3.1.2.4.3.2 HVP Pipelines. 

Valves shall be installed outside cities, towns, 
and villages, and at the transition from Zone 1 
to Zone 2. In Zone 2 the maximum spacing 
between valves shall not exceed 7.5 miles (12 
km). Where the operating company is of the 
opinion that installation of additional valves 
in other locations is necessary, such valves 
shall be in.stalled. 

4. Clause 3.2.2.1 is revoked and the following 
substituted therefor: 

3.2.2.1 Design Formula. 

The design pressure for steel pipeline trans- 
portation systems or the nominal wall thick- 
ness for a given design pressure shall be 
determined by the following formula. 



P = J^ X F X E or 



Metric P = -^ x 10=' x F x E 



where 

P = design pressure in p.s.i. (kPa). 

S = specified minimum yield strength p.s.i. 

(MPa) stipulated in the specifications 

under which the pipe was purchased 

from the manufacturer, 
t = nominal wall thickness in inches (mm). 
D = outside diameter of pipe in inches (mm). 
E = longitudinal joint factor obtained from 

Table I. 
F = design factor as specified below. 

Design Factor for Steel Pipe 



Zone Location 


Design. Factor (F) 


1. LVP& HVP 

2. LVP 
2. HVP 


0.72 
0.72 
0.50 



306 



ENERGY 



Reg. 291 



5 . Clause 3.2.2.1.1 and Table 2 are revoked and 
the following substituted therefor: 

3.2.2.1.1 No pipe with a ratio of wall thick- 
ness to outside diameter of more than 1 to 100 
shall be used in the con.struction of a pipeline 
without the approval of the Director. 

6. Clause 3.2.2.1.2 is revoked and the following 
substituted therefor: 

3.2.2.1.2 A design factor 0. 50 or less shall be 
used in the design formula in clause 3 . 2 . 2 . 1 for 
steel pipe used for transporting H VP liquids in 
Zone 1 that, 

(a) is supported by a vehicular, pedes- 
trian, railway, or pipeline bridge; 

(b) is used in any fabricated assembly 
including main line valve assemblies, 
cross-connections and river crossing 
headers or within five pipe diameters 
in any direction from the last fitting of 
a fabricated assembly, except in the 
case of a transition piece or an elbow 
used in place of a pipe bend that is not 
part of a fabricated assembly; or 

(c) crosses or has a parallel alignment on 
the right-of-way with a hard surfaced 
road, a highway or a street, without 
extra protection or sufficient depth of 
cover acceptable to the Director. 

7. Clause 3.7.1.3 is revoked and the following 
substituted therefor: 

3.7.1.3. Piping and Components. 

All HVP piping and components including the 
piping connecting the facilities to the valving 
employed in isolating the facilities from the 
transmission line shall be designed using a 
design factor F of 0.50 or less. 

8. Clause 4 is amended by adding thereto the 
following: 

4.1.2.1 For steel pipe larger than 3 %" (60. 3 
mm) outside diameter, fracture toughness 
requirements shall be specified by the 
designer where necessary and these require- 
ments shall be based on factors including 
operating stress, minimum operating temper- 
ature, and are mandatory for HVP pipelines. 

9. Clauses 5.9.1.2.1 and 5.9.1.2.2 are revoked 
and the following substituted therefor: 

5.9.1.2.1 All tie-in welds, all welds within 
the limits of crossings, all welds in HVP 
pipelines, and a minimum of 15% of all field 
welds in LVP pipelines shall be radiographi- 



cally inspected and such welds shall be 
radiographed for 100% of the circumference. 

10. Clause 7. 1.3 is revoked and the following sub- 
stituted therefor: 

7.1.3 Maximum Test Pressure. 

The maximum test pressure shall be the lesser 
of, 

(a) that pressure which produces a devia- 
tion from a straight line proportional- 
ity of 0.2 per cent (offset method) on a 
pressure volume plot, of the volume of 
the section being tested (see Note 1 ); or 

(b) a calculated pressure corresponding to 
108 per cent of specified minimum 
yield strength of the pipe. 

Notes: 

1. 0.2 per cent (offset method) on a pres- 
sure volume plot corresponds to a 0. 1 
per cent strain on a stress strain plot. 

2. Test pressure resulting in a stress level 
as stated or approaching actual yield- 
ing of the pipe should not be performed 
without taking additional precautions 
regarding line pipe yield strength and 
critical dimensions measured on rep- 
resentative samples. 

3. Without taking additional precautions 
maximum test pressure should not 
exceed those which will produce a 
hoop stress greater than 100 per cent of 
the specified minimum yield strength 
of the pipe. 

11. Clause 7.1.4.2 is revoked and the following 
substituted therefor: 

7.1.4.2 Zone 2 HVP Lines. 

For Zone 2 HVP lines, the minimum test pres- 
sure shall be 140% of the intended maximum 
operating pressure. 

12. Clause 7.4.1.2 is revoked and the following 
substituted therefor: 

7.4. 1.2 Whenever the intended test pressure 
will result in a hoop stress greater than 80 per 
cent of specified minimum yield strength of 
the pipe, 

(a) the test pressure shall be increased at a 
constant rate; and 

(b) a pressure-volume plot shall be made 
to record the pressures corresponding 
to volumes of test medium injected 



Reg. 291 



ENERGY 



307 



during the final 40 per cent of the pres- 
surization period. 

13. Clause 7.5.1.1 is revoked and the following 
substituted therefor: 

7.5.1.1 The maximum operating pressure at 
any point shall not exceed the lesser of 80% of 
the proof test or the design pressure based on 
the nominal wall thickness of the pipe. 

14. Clause 7.5.1.2 is revoked and the following 
substituted therefor: 

7.5.1.2 Pressure limiting devices shall be 
installed on the pipeline to ensure that the 
maximum operating pressure of any section 
is, 

(a) not exceeded by more than 5% for any 
period of time; and 

(b) not exceeded by 5 % or less for a period 
not longer than 5 minutes. 

15. Clause 7.5.2.1 is revoked and the following 
substituted therefor: 

7.5.2.1 The maximum operating pressure at 
any point shall not exceed the lesser of 72% of 



the proof test or the design pressure based on 
the nominal wall thickness of the pipe. 

16. Clause 7.5.2.2 is revoked and the following 
substituted therefor: 

7.5.2.2 Pressure limiting devices shall be 
installed on the pipeline to ensure that the 
maximum operating pressure of any section 
is, 

(a) not exceeded by more than 5% for any 
period of time, and 

(b) not exceeded by 5% or less for a period 
not longer. than 5 minutes. 

17. Clause7.6.4is revoked and the following sub- 
stituted therefor: 

7.6.4 Pressure cycling shall be permitted 
only prior to the strength test and proof test, 
providing the maximum hoop stress gener- 
ated does not exceed the lesser of 80 per cent of 
specified minimum yield strength of the pipe 
or the stress at 90 per cent of the intended 
proof test pressure. 

18. Table 14 is revoked and the following substi- 
tuted therefor: 



Table 14 
Test Requirements for Pipelines to Operate at Pressures Greater than 100 p.s.i. (700 kPa) 



Zone of 
Pipeline 


Prescribed Test Pressures 


Maximum Operating 
Pressure (3) 


Strength Test (1) 

Duration Minimum of 4 Hours 


Proof Test (2) 

Duration Normally 24 Hours 


Minimum 


Maximum 


Minimum 


Maximum 


LVP& 
HVP 
Zone 1 


not less than 
proof test 


Lesser of 0.2% 
deviation from 
pressure volume plot 
or 108% SMYS based 
on nominal wall 
strength 


1.25 X 
m.o.p. 


Lesser of 0.2% 
deviation from 
pressure volume plot 
or 108% SMYS based 
on nominal wall 
strength 


Lesser of: 

80% of proof test 

pressure or d.p. 


HVP 
Zone 2 


not less than 
proof test 


Lesser of 0.2% 
deviation from 
pressure volume plot 
or 108% SMYS based 
on nominal wall 
strength 


1.40 X 
m.o.p. 


Lesser of 0.2% 
deviation from 
pressure volume plot 
or 108% SMYS based 
on nominal wall 
strength 


Lesser of: 

72% of proof test 

pressure or d.p. 



(1) Strength Test — A pressure test for purposes of confirming the structural integrity of a pipeline. 

(2) Proof Test — A pressure test for purposes of establishing a maximum operating pressure and insuring that 
the pipeline is free from leaks. 

(3) Maximum Operating Pressure — Refers to maximum pressure under steady-state operation. = m.o.p. 
Note: d.p. = design pressure. 



308 



ENERGY 



Reg. 291 



19. Part 7 is amended by adding thereto the fol- 
lowing clause: 

7.7.7 Test Records. 

The operating company shall retain in its file, 
for the useful life of each pipeline a record of 
each test performed on the pipeline. 

20. Clause 9.13.3 is revoked and the following 
substituted therefor: 

9.13.3 All valves and other exposed 
facilities on a pipeline right-of-way shall be 
protected to minimize the possibility of 
unauthorized operation and transmission line 
vadves that might be required in an emergency 
shall be inspected and partiedly operated at 
least once a year. 

21. Part 9 is amended by adding thereto the fol- 
lowing clauses: 

9.12.7 Hazards HVP Lines. 

9.12.7.1 An operating company shall 
inform the appropriate local authorities 
including the police and fire departments 
about the hazards associated with the high 
vapour pressure pipeline. 

9.12.7.2 An operating company shall co- 
operate with the appropriate local authorities, 
to formulate plans for evacuating people from 
the vicinity of a pipeline under emergency 
conditions. 

22. Part 9 is amended by adding thereto the fol- 
lowing clauses: 

9. 18.4 Where a zone location changes under 
clause 9.18 the operating company shall 
inform the Director in writing within 30 days 
of the information becoming available. 

9.18.5 When an operating company pro- 
poses to change any of its oil pipeline trans- 
portation system facilities from LVP to HVP 
service, it shall forthwith forward in writing 
to the Director for his approval details of its 
proposal that shall include the results of a 
survey for population density and a list of the 
work necessary to upgrade the system for 
HVP service and no work shall be commenced 
on such proposed change until the Director's 
approval is received by the operating com- 
pany. 

(2) Where there is a conflict between a provision of 
a standard, specification, code or publication adopted 
in subsection (1) and the provisions of this Regulation, 
the provisions of this Regulation shall prevail. 

(3) This Regulation does not apply to gathering lines 
and offshore pipelines. O. Reg. 1032/80, s. 2. 



3. No person shall design, construct, erect, alter, 
install, test or remove a pipeline system for the trans- 
portation of oil except in accordance with the Standard 
adopted under section 2 and this Regulation. O. Reg. 
1032/80, s. 3. 

4. Every operating company shall, where the 
Director has reason to believe an unsafe condition exists 
in a pipeline, uncover any part of the pipeline at the 
written request of the Director. O. Reg. 1032/80, s. 4. 

5. — (1) Every operating company shall formulate in 
writing, and file with the Director, a manual setting out 
its standard practices and procedures which shall com- 
ply with this Regulation. 

(2, Every operating company shall review the man- 
ual referred to in subsection (1) at least once annually, 
make the revisions necessary to reflect new technology 
and changes in the company's standard practices and 
procedures and inform the Director in writing of any 
revisions. 

(3) The standard practices and procedures required 
under subsection (1) and the revisions required under 
subsection (2) shall be certified by a professional 
engineer as conforming to this Regulation. O. Reg. 
1032/80, s. 5. 

6. Every operating company shall on or before the 
sixtieth day of its fiscal year, file with the Director in 
writing, a general description of the pipelines it pro- 
poses to install during the fiscal year including, where 
known, the nominal size, length, operating pressure 
and location of each pipeline. O. Reg. 1032/80, s. 6. 

7. When radiographic examination is required by 
the Standard adopted under section 2 , a summary of the 
results of the examination shall be kept for the life of the 
pipeline. O. Reg. 1032/80, s. 7. 

8. The operating company shall report immediately 
by phone to an inspector where there is a major leak or 
break in its pipeline system. O. Reg. 1032/80, s. 8. 

9. Where a pipeline to be used by an operating com- 
pany is designed, installed, tested or replaced, a profes- 
sional engineer employed or retained by the operating 
company shall certify that the design, installation, 
testing, or replacement of the pipeline has been made in 
accordance with this Regulation. O. Reg. 1032/80, 
s. 9. 

10. — (1) An application to transmit oil by a pipeline 
system or a renewal thereof shall be made to the Direc- 
tor. 

(2) The fee payable on an application for d licence to 
transmit oil by pipeline or a renewal thereof is $500. 

(3) An operating company whose transmission 
pipeline system is less than 25 miles (40 km) in length is 
exempt from the requirements of section 12 of the Act 
and this section. O. Reg. 1032/80, s. 10. 

1 1. Section 1 7 of the Act does not apply to a person 
who is a professional engineer. O. Reg. 1032/80, s. 1 1 . 



Reg. 292 



ENERGY 



309 



REGULATION 292 

under the Energy Act 



PROPANE STORAGE, HANDLING AND 
UTILIZATION CODE 

1. In this Regulation, 

(a) "approved" means, 

(i) where applied to a standard, that 
the standard is listed in "Titles of 
Appliances, Equipment and Acces- 
sory Standards Authorized for Use 
in the Province of Ontario Under 
the Energy Act", 

(ii) where applied to an appliance, that 
the appliance bears a label issued 
by the Director, or bears a label of 
a designated testing organization, 
certifying conformance with a stand- 
ard acceptable to the Director or 



conforming with a laboratory test 
report accepted by the Director, or 

(iii) where applied to an installation 
that it conforms with this Regula- 
tion; 

(b) "professional engineer" means a person who 
is a member or licensee of the Association 
of Professional Engineers of the Province 
of Ontario. O. Reg. 440/77, s. 1. 

2. — (1) The Code issued by the Canadian Gas 
Association entitled "Installation Code for Propane 
Burning Appliances and Equipment", CGA 
B149. 2-1976, as it existed on the 1st day of September, 
1977, and the Standards, Specifications and Codes set 
out therein as reference publications insofar as they 
apply to the said Code are adopted as part of this 
Regulation, with the following amendments: 



1 . Part 3 is amended by adding thereto the following clause : 

3.4.2 Appliances shall not be installed in an area of a dry-cleaning or other establishment that has 
an atmosphere where vapours corrosive to the appliances may be present. 

2. Clause 3.9.1 is revoked and the following substituted therefor: 

3.9.1 yieter I regulator installations shall be in accordance with CSA Standard Z184 — Gas Pipeline 
Systems. 

3. Clause 5.17.5 is revoked and the following substituted therefor: 

5.17.5 Room heaters installed in rooms used primarily for sleeping shall be of the sealed combustion 
unit type. 

4. Part 5 is amended by adding thereto the following section : 

5.28 An infra-red heater shall not be installed in single or multiple family dwellings, hotels, motels 
or buildings used for institutional occupancy. 

5. Subclause 6.14.4 (a) is revoked and the following substituted therefor: 
(a) : a certified tee or 90° elbow of Type B Vent material ; 

6. Clause 6.19.2 is revoked and the following substituted therefor: 

6.19.2 Except in one and two family dwellings, mechanical /«« exhausters may be used in vents or 
chimneys in lieu of natural draft. When such exhausters are used with appliances requiring venting, 
provision shall be made to prevent the flow of propane to main burners if the mechanical flue exhauster 
is not operating. Such exhausters shall not be used in incinerators except with the permission of the 
enforcing authority. 



7. Section 7.1 is revoked. 



310 



E>*ERGY 



Reg. 292 



8. Clause 9.2.2 is revoked and the following substituted therefor: 

9.2.2 Except where the total input to the appliance is less than 2,000,000 BTUH, provision shall 
be made for the shutting off of the propane supply to the appliance by locating a shut-off valve outside the 
room occupied by the appliance. This valve shall be readily accessible in the event of emergency. 

9. Part 10 is amended by adding thereto the following clause: 

10.10.9 Welding shall be performed by persons certified under the Boilers and Pressure Vessels Act and 
Regulations and using methods set forth in Regulation 289 of Revised Regulations of Ontario, 1980. 

10. Subclause 10.13.2 (b) is revoked and the following substituted therefor: 

(b): its diameter is not less than the diameter of the piping it serves or two inches diameter, 
whichever is the lesser. 

11. Clause 10.15.2 is revoked and the following substituted therefor: 

10.15.2 Underground piping shall be welded or threaded and where threaded the fittings shall be 
heavy duty and the pipe shall be at least schedule 80 and underground tubing shall be connected by 
brazing or with the use of flare connectors. 

12. Clause 12.5.5 is amended by adding thereto the following subclause: 

12.5.5.3 Except for a cylinder that is installed in accordance with section 12.7, a cylinder shall 
not be filled at a construction site. 



(2) Where there is a conflict between a provision 
of a standard, specification, code or publication 
adopted by subsection (1) and the provisions of this 
Regulation, the provisions of this Regulation shall 
prevail. 

(3) A reference in the Code adopted in subsection (1) 
to the National Building Code shall be deemed to be a 
reference to the Ontario Building Code. O. Reg. 440/ 
77, s. 2. 



3. — (1) Prior to the construction of, alteration to 
or addition to a filling plant or a cylinder handling 
facility, plans shall be submitted in triplicate to the 
Director, showing, 

(a) the location of each storage tank, cylinder 
storage facility or other propane handling 
facilities within the filling plant or cylinder 
handling facihty, as the case may be; 

(6) the distance from a storage tank or 
cylinder storage facility to, 

(i) the property lines of the plant or 
facility, 

(ii) each building located within the 
prop)erty lines of the plant or facility, 

(iii) each building located on adjacent 
property that is within 400 feet 
of the property lines of the plant or 
facility, as the case may be ; 



(c) the location of any other flammable or 
combustible product storage facility; and 

{d) the size of each storage tank in the filling 
plant in USWG capacity. 

(2) No person shall construct, alter or add to the 
storage or handling facilities of a filling plant or 
cylinder handling facility until the plans submitted 
under subsection (1) have been accepted by the 
Director. O. Reg. 440 /77, l. 3. 

4. — (1) No person shall use or knowingly supply 
propane to an appliance, container or equipment 
where, 

(a) the installation of the appliance, con- 
tainer or equipment does not comply with 
this Regulation ; 

(6) the appliance has been tagged as unsafe ; 

(c) the appliance is used for a purpose other 
than that for which it is designed ; 

{d) any device or attachment attached to 
the appliance or alteration or deterioration 
of the appliance might in any way impair 
the combustion within or impair the safe 
venting of the appliance ; 

[e) there is non-compliance with this Regu- 
lation with respect to the venting of the 
appliance or the supply of air for com- 
bustion ; 



Reg. 292 



ENERGY 



311 



(/) the op)eration of an appliance raises the 
surface temperature of adjacent combus- 
tible material in excess of 194° Fahrenheit ; 



ig) the condition of the piping, tubing or 
hose does not comply with this Regu- 
lation. 

(2) The person responsible for the operation of an 
appliance or work shall, 

(a) ensure that the appliance or work is 
maintained in safe operating condition; 
and 

(b) not knowingly continue to use an appli- 
ance or work where the appliance or work 
is damaged or defective until the appH- 
ance or work is repaired or replaced. 
O.Reg. 440/77, s. 4. 

5. — (1) The Canadian Gas Association, the 
Canadian Standards Association and the Under- 
writers' Laboratories of Canada are designated as 
organizations, 

(a) to test equipment, components and acces- 
sories ; and 

(6) to test appliances, including those designed 
to bum both propane and fuel oil either to- 
gether or separately, 

to approved standards and where the appliances, 
equipment, components or accessories conform to 
the standards to place their label thereon. 



(2) The Underwriters' Laboratories Incorporated 
is designated as an organization to test equip- 
ment, components and accessories to approved 
standards and where the equipment, components 
and accessories conform to the standards, to place 
their label thereon. 



(3) An appliance, component, accessory or equip- 
ment for which there is no approved standard may 
be tested by a testing organization designated 
under subsection (1), and the organization shall make a 
report thereon to the Director and where the report is 
accepted by the Director, the label of the designated 
testing organization may be placed on the appliance, 
component, accessory or equipment certifying confor- 
mance with the report and the label shall constitute 
approval. 

(4) Where an organization designated in subsection 
(1) is testing an appliance having components and 
accessories previously certified by an organization not 
designated in subsection (1), the components and 
accessories shall be investigated to ascertain whether 
it complies with the applicable approved standards. 
O. Reg. 440/77, s. 5. 



6. — (1) A person may apply to the Director for a 
label in respect of the fuel features of an appliance 
having an input not in excess of 50,000,000 
BTUH that does not bear the label of the Canadian 
Gas Association, the Canadian Standards Association 
or the Underwriters' Laboratories of Canada. 

(2) Where an application is made under subsection 
(1) and, 

(a) the Director is of the opinion that it is not 
feasible for an organization designated in 
subsection 5 (1) to test and label the 
appliance; and 

(b) an inspector inspects the appliance and 
finds that the fuel features conform to 
approved standards, 

the Director shall, subject to subsection (4), issue a 
label for the fuel features of the appliance that the 
inspector shall affix to the appliance. 

(3) Where the inspector so requires, an applicant 
for a label shall conduct, in the presence of the 
inspector, such tests as are considered necessary by 
the inspector to determine that the fuel features of 
the appliance conform to approved standards. 

(4) The Director may refuse to issue a label to an 
applicant under subsection (1) where two or more 
appliances of substantially the same design and 
manufactured by two or more persons have been 
tested and labelled by an organization designated 
under subsection 5 (1). 

(5) The. fee payable by an applicant for inspecting 
the fuel features of an appliance by an inspector under 
subsection (2) and for observing a test under subsection 
(3) shall be $30 for every hour or fraction thereof of the 
time spent by the inspector and may include travel 
time and reasonable travel and living expenses. 

(6) The Director may authorize an organization 
designated under subsection 5 (1), 

(a) to inspect an appliance to determine that 
the fuel features conform to approved 
standards ; and 

(ft) to require the applicant for a label under 
subsection (1) to conduct such tests as are 
considered necessary by the testing organi- 
zation to determine that the appliance 
conforms to approved standards, and, 

the testing organization shall, where the inspection 
or testing of the appliance indicates the fuel features 
conform to approved standards, place its label 
thereon. O. Reg. 440 /77, s. 6. 

7. Where application is made under subsection 6 (1) 
in respect of the fuel features of an appliance where 
there is no approved standard for the appliance or 



312 



ENfeRGY 



Reg. 292 



where an approved standard is only partially applic- 
able, an inspector may determine whether the fuel 
features of the appliance conform to the applicable 
requirements of any approved standard and to this 
Regulation. O. Reg. 440/77, s. 7. 

8. — (1) An appliance having an input in excess of 
50,000,000 BTUH that conforms to the applicable 
requirements of the Code adopted in section 2 is 
exempt from section 10 of the Act. 

(2) The owner of an appliance referred to in subsec- 
tion (1) shall submit to the propane distributor, prior to 
activation of the appliance, 

(a) certification by a professional engineer 
that the appliance and its installation con- 
form to the requirements of the Code adopt- 
ed in section 2 and to this Regulation ; and 

(b) the name, address and telephone number of 
the person who will activate the appliance. 

(3) A manually operated appliance, other than a 
commercial type appliance or a residential type 
appliance with an input not exceeding 20,000 
BTUH, a Bunsen burner or a propane hand torch 
that is directly connected to a cylinder having a 
propane capacity not greater than five pounds by 
weight is exempt from section 10 of the Act. 

(4) An appliance that is being used for the 
function for which it was designed and that has 
previously been used in another location is exempt 
from section 10 of the Act. O. Reg. 440 /77, s. 8. 



9. The owner of a tank truck, cargo-liner, filling 
plant and cylinder handling facility for which a 
licence is issued pursuant to this Regulation shall 
inspect the vehicle, plant or facility, as the case 
may be, at least once each year, and, 

(a) prepare a report on each inspection on a 
form acceptable to the Director that shall 
be signed by the owner or his authorized 
representative; and 

(ft) forward two copies of the completed 
inspection report to the area inspector 
and retain one copy at the vehicle, plant 
or facility inspected, as the case may be. 
O. Reg. 440/77. s. 9. 

10. — (1) An application for registration as a con- 
tractor under section 13 of the Act, or a renewal there- 
of, shall be made to the Director. 

(2) The fee on making an application for regis- 
tration as a contractor, or a renewal thereof, is 
$50 for one year. 



(3) Evidence of registration as a contractor, or 
a renewal thereof, shall be issued to an applicant 
by the Director when the applicant is registered 
as a contractor or his registration is renewed. 

(4) A contractor shall display evidence of his 
registration in a conspicuous place in his business 
premises and shall notify the Director forthwith 
of any change of his business address. 

(5) Every registration, or renewal thereof, expires 
on the date indicated thereon. 

(6) Registrations and renewals thereof are not 
transferable. O. Reg. 440/77, s. 10. 

11. — (1) An application for a certificate as a 
propane fitter, a certificate for the purpose of 
transporting or distributing propane by tank truck, 
cargo-liner or cylinder delivery vehicle, or a certi- 
ficate as a plant operator under subsection 14 (1) of the 
Act, or a renewal thereof, shall be made to the Direc- 
tor. 

(2) The fee on an initial application for a certificate 
under subsection (1), or a renewal thereof, is $20 and 
where a certificate is issued the application fee shall be 
applied to the issue of the certificate. 

(3) An applicant for a certificate under subsection 
14 (1) of the Act, or a renewal thereof, shall satisfy the 
Director as to his knowledge and competence with 
respect to the subject-matter of the type of certificate 
applied for. 

(4) Where an applicant for a certificate is not 
successful in passing an examination required by the 
Director under subsection (3), the applicant may not 
make another application for a certificate until a 
period of not less than ninety days has elapsed 
from the date of the examination and the fee on a 
subsequent application is $20. 

(5) A certificate issued under this section expires 
on the second birthday of the holder next following 
the issuance of the certificate and any subsequent 
renewal shall be for a period of two years expiring 
on the birthday of the holder. 

(6) A certificate as a propane fitter, or a renewal 
thereof, shall be designated as SI, S2, S3, S4, S5, 
S5K, S6, S7 or S8. 

(7) A certificate for the purpose of transporting 
or distributing propane by tank truck, cargo-liner 
or cylinder delivery vehicle shall be designated as 
Tl or T2. 

(8) A certificate as a plant operator shall be 
designated as PI, P2, P3 or P4. 

(9) The holder of a certificate, or a renewal 
thereof, shall notify the Director forthwith of any 
change of his address. O. Reg. 440/77. s. 11. 



Reg. 292 



ENERGY 



313 



12. — (1) Where a person holds more than one valid 
certificate under section 14 of the Act, he shall make 
one application for renewal of all such certificates. 

(2) Notwithstanding subsection 11 (2), the fee for 
the renewal of all certificates issued under subsection 
14 (1) of the Act is $20. O. Reg. 440/77, s. 12. 

13. Section 14 of the Act does not apply to, 

(a) a person who installs an appliance or works 
on an installed appliance in his own single- 
family detached dwelling; or 

(b) a person who transfers propane from one 
container to another for his own use and 
includes the employees of such person. 
O. Reg. 440/77, s. 13. 

14. The holder of an, 

(a) SI certificate may install, alter, purge, 
activate, repair, service or remove an 
appliance of any BTUH input, containers, 
equipment, piping, tubing or hose and may 
perform the functions of the holder of a 
Tl, T2 or PI certificate; 

(6) S2 certificate may install, alter, purge, 
activate, repair, service or remove an 
appliance having an input not in excess 
of 400,000 BTUH, containers, equipment, 
piping, tubing or hose therefor and may 
connect the propane supply piping, tubing 
or hose to an appliance having any input 
and may perform the functions of the 
holder of a Tl, T2 or P2 certificate; 

(c) S3 certificate may install, alter, purge, 
activate, repair, service or remove an 
appliance having an input not in excess 
of 150,000 BTUH, containers, equipment, 
piping, tubing or hose therefor and may 
perform the functions of the holder of a 
Tl, T2 or P3 certificate; 

(d) S4 certificate may install, alter, purge, 
activate, repair, service or remove an 
appliance to be used in mobile housing or 
recreational vehicles and the containers, 
equipment, piping, tubing or hose therefor; 

(«) S5 certificate may install, alter, purge, 
activate, repair, service or remove propane 
or natural gas construction heating appli- 
ances and may deliver, install, service or 
remove containers, equipment, piping, 
tubing or hose therefor; 

(/) S5K certificate may install, alter, purge, 
activate, repair, service or remove con- 
struction heating appliances having a 
BTUH input not in excess of 400,000 and 



may deliver, install or remove cylinders, 
equipment, piping, tubing or hose therefor; 

(g) S6 certificate may install, alter, purge, 
activate, repair, service or remove car- 
buretion equipment for internal combus- 
tion engines and may install, service or 
remove containers, equipment, piping, 
tubing or hose therefor ; 

(A) S7 certificate may install, alter, purge, 
activate, repair, service or remove crop 
drying appliances and may connect or 
remove the containers, equipment, piping, 
tubing or hose therefor ; 

(t) S8 certificate may install, alter, purge, 
activate, repair, service or remove re- 
frigerators and may connect or remove 
the containers, equipment, piping, tubing 
or hose therefor. O. Reg. 440/77, s. 14. 

15. The holder of a, 

(a) Tank Truck Operator Tl certificate may 
transfer propane to or from a tank truck, 
cargo-liner, or filling plant and may fill 
containers of consumers; 

(6) Cylinder Vehicle Operator T2 certificate 
may deliver containers, connect and dis- 
connect cylinders and load and secure 
containers on a cylinder delivery vehicle. 
O. Reg. 440/77, s. 15. 

16. The holder of a, 

(a) Plant Operator PI certificate may unload 
or load tank cars, cargo-liners and tank 
trucks into or from a filling plant, fill 
containers and maintain and operate the 
transfer equipment in a filling plant; 

{b) Plant Operator P2 certificate may load 
or unload tank trucks into or from a filling 
plant, fill containers and maintain and 
operate the transfer equipment in a filling 
plant ; 

(c) Plant Operator P3 certificate may fill 
containers and maintain and operate the 
transfer equipment in a filling plant; 

{d) Plant Operator P4 certificate may examine 
cylinders employing the procedures de- 
scribed in the Compressed Gas Association 
pamphlet C6 entitled "Standards for Visual 
Inspection of Compressed Gas Cylinders" 
as set out in the CTC Regulation 73.34(e) 
(10). O. Reg. 440/77, s. 16. 

17. — (1) An application for a cylinder handling 
licence as required by section 12 of the Act, or a 
renewal thereof, shall be made to the Director for 
each location of the applicant, 



314 



ENERGY 



Reg. 292 



(a) where the applicant, 

(i) does not have a Ailing plant, or 

(ii) only transfers propane from a con- 
tainer having a water capacity not 
greater than 1 ,000 pounds to a con- 
sumer's cylinder; and 

(b) where the applicant supplies consumers 
with propane in cylinders. 

(2) The fee on making an application for a 
cylinder handling licence, or a renewal thereof, is 
$15. 

(3) A cylinder handUng licence, or a renewal 
thereof, shall be issued to an applicant where the 
location from which he supplies consumers with 
propane in cylinders complies with this Regulation. 

(4) A cylinder handling licence, or a renewal 
thereof, expires on the date shown thereon. 

(5) A cylinder handling licence, or a renewal 
thereof, is not transferable. 

(6) A cylinder handling licence, or renewal thereof, 
shall be prominently displayed at the location for 
which it is issued. O. Reg. 440/77, s. 17. 

18. — (1) An application for a transfer Hcence as 
required by section 12 of the Act, or a renewal 
thereof, shall be made to the Director for each 
transfer facility of the applicant. 

(2) Section 12 of the Act does not apply to a 
person who transfers propane from one container 
to another for his own use. 

(3) The fee on making an application for a transfer 
licence, or renewal thereof, issued for a period of 
one year is one cent per U.S. gallon of the total 
water capacity of the propane storage tanks at 
each filling plant location where propane is trans- 
ferred but in no case shall the fee for each location 
be less than $15 per year. 

(4) A person who transfers propane from a 
container having a water capacity not greater than 



1,000 pounds to a cylinder of a consumer is not 
required to be the holder of a transfer licence. 

(5) A transfer licence, or renewal thereof, expires 
on the date shown thereon. 

(6) A transfer licence, or renewal thereof, is not 
transferable. 

(7) A transfer licence, or renewal thereof, shall 
be prominently displayed at the location for which 
it is issued. O. Reg. 440/77, s. 18. 

19. — (1) An apphcation for a hcence to transport 
propane as required by section 12 of the Act, or a 
renewal thereof, shall be made to the Director for 
each tank truck or cargo-liner of the applicant. 

(2) Subsection (1) does not apply to a person who 
transports propane by a two-wheel or four-wheel tank 
trailer having a capacity of 2,000 U.S. water gallons or 
less. 

(3) The fee on making an application for a licence, 
or a renewal thereof, for each tank truck or each 
cargo-liner is $7.50 per year. 

(4) A licence to transport propane by tank truck 
or cargo-liner, or a renewal thereof, shall be issued 
to an applicant where the tank truck or cargo-liner 
complies with this Regulation. 

(5) A licence to transport propane, or a renewal 
thereof, expires on the date shown thereon. 

(6) A licence to transport propane, or a renewal 
thereof, is not transferable. 

(7) A licence to transport propane, or a renewal 
thereof, shall be carried in or on the vehicle for 
which it is issued. O. Reg. 440/77, s. 19. 

20. — (1) Where a person's licence, certificate or 
evidence of registration is lost or destroyed he shall, 
on payment of a $5 fee, be issued a duplicate 
licence, certificate or evidence of registration. 

(2) Where the holder of a licence, certificate or 
registration changes his name, he shall, on payment 
of a $5 fee, be issued with a licence, certificate 
or evidence of registration in his new name. O. Reg. 
440/77, s. 20. 



Reg. 293 



ENVIRONMENTAL ASSESSMENT 



315 



REGULATION 293 



under the Environmental Assessment Act 



GENERAL 

1. In this Regulation, 

(fl) "development corporation" means a cor- 
poration under the Development Corpora- 
tions Act; 

(b) "operating" includes maintaining and re- 
pairing and any activities for operating, 
maintaining and repairing, and "of)eration" 
has a corresponding meaning; 

(c) "$1,000,000" means the greater of $1,000,000 
and $1,000,000 divided by the Non-residen- 
tial Construction Input Index issued by 
Statistics Canada for the month of December, 
1977, multiplied by the Non-residential Con- 
struction Input Index issued by Statistics 
Canada for the month in which the first con- 
tract for the construction of the undertaking is 
entered into, or, where no such contract is 
entered into, the month in which the com- 
mencement date for the undertaking falls and 
any other amount in dollars has a corres- 
ponding meaning. O. Reg. 836/76, s. 1; O. 
Reg. 468/80, s. 1. 

2. — (1) AU environmental assessments shall be 
submitted with a summary in Form 1. 

(2) Written submissions and requirements for 
hearings made or given under subsection 7 (2) of the 
Act may be made in accordance with Form 2. 

(3) Written submissions and requirements for 
hearings made or given under subsection 10 (1) of 
the Act or subsection 12 (1) of the Act may be made in 
accordance with Form 3. 

(4) A requirement for a hearing given pursuant 
to section 13 of the Act may be made in accord- 
ance with Form 4. O. Reg. 836/76, s. 2. 

3. The following bodies are defined as public 
bodies: 

1 . Algonqtiin Forestry Authority. 

2. Authorities within the theaning qi the Con- 
servation Authorities Act, 

3. Colleges, universities and other bodies, 
except the Royal Ontario Museum and 
municipalities, to which the Ontario Univer- 
sities Capital Aid Corporation Act applies. 

4. Development corporations. 



5. Ontario Energy Corporation. 

6. Ontario Hydro. 

7. Ontario Northland Transportation Com- 
mission. 

8. Ontario Telephone Development Corpora- 
tion. 

9. Ontario Transportation Development Cor- 
poration. 

10. Toronto Area Transit Operating Authority. 

11. Urban Transportation Development Cor- 
poration. O. Reg. 836/76, s. 3. 

4. — (1) An undertaking, whether constructed or 
commenced before or after the coming into force of the 
relevant provisions of the Act, for the construction or 
commencement of which the approval of the Minister 
to proceed was not required is exempt with respect to 
its operation and retirement from the provision of sub- 
section 5 (1) of the Act requiring the proponent not to 
proceed with the undertaking and from the provisions 
of subsection 6 (1) of the Act. 

(2) A proponent of an undertaking of a type 
referred to in subsection (1) is exempt from the 
provisions of section 39 of the Act with respect to 
the requirement of submitting an environmental 
assessment to the Minister with resp)ect to the 
operation or retirement of the undertaking. 
O. Reg. 836/76, s. 4. 

5. — ( 1) This section does not apply to an undertaking 
of a body listed in section 3 that may be found to be a 
local board as defined in the Municipal Affairs Act or to 
be a board, commission or other local authority exer- 
cising power in respect of municipal affairs. 

(2) In this section, 

(a) "estimated cost" means the most current esti- 
mate prepared by an engineer, architect, offi- 
cial, planner or construction contractor of the 
cost of an undertaking which estimate has 
been submitted to the council or other gov- 
erning body of a municipality or a committee 
thereof and has been accepted by it as the 
basis upon which the undertaking is to be 
proceeded with, but does not include any costs 
for, 

(i) the acquisition of land, 

(ii) feasibility studies and design carried 
out for the undertaking, or 

(iii) the operation of the undertaking, 



316 



ENVIRONMENTAL ASSESSMENT 



Reg. 293 



and where an undertaking is being con- 
structed in phases includes the cost of all 
phases; and 

(ft) "exclusive right of way" when used in con- 
nection with a bus service means a roadway, 
including entrances and exists, constructed 
for use by buses and upon which the public is 
not permitted to drive motor vehicles but not 
including accesses to stations and stops, or 
turning, storage and service facilities not 
otherwise associated with such a right of way, 
nor a reserved bus lane on an existing road. 
O. Reg. 468/80, s. 2, part. 

(3) An undertaking by a municipality for which an 
environmental assessment has not been submitted is 
exempt from the provisions of the Act where, 

(a) subject to subsection (4), it has an estimated 
cost of not more than $2,000,000 provided it 
is not an undertaking of a type described in 
clause S (ft), (c) or (d); 

{b) it is an undertaking by a board within the 
meaning of the Education Act; 

(c) it is a drainage works regulated under the 
Drainage Act; 

(d) it is a road shown on a plan of subdivision as 
being part of the subdivision being approved 
under section 36 of the Planning Act; 

(e) it is a waste disposal site that, 

(i) is a transfer station for domestic waste 
that uses portable containers, 

(ii) is an organic soil conditioning site 
certified under the Environmental 
Protection Act, or 

(iii) is a transfer station for processed 
organic waste located at the sewage 
treatment works where it is generated 
or at the organic soil conditioning site 
where it is disposed of; 

(/) it is an undertaking of a type which, save that 
the proponent is not Ontario Hydro, is 
described in Orders of the Minister dated the 
14th day of October, 1976 and published as 
numbers OHB-2, OHC-3 and OHD-4 in the 
issue of The Ontario Gazette dated the 
13th day of November, 1976; 

(g) it is an undertaking of a type which, save that 
the proponent is not Ontario Hydro, is 
described in the Order of the Minister dated 
the 14th day of October, 1976 and published 
as number OHF-6 in the issue of The 
Ontario Gazette dated the 13th day of 
November, 1976 and it is proposed that its 
construction and maintenance be carried out 
in accordance with the standards that apply to 



such undertakings when carried out by 
Ontario Hydro; or 

{h) it is a work provided for in a subdivision 
agreement between a municipality and a sub- 
divider other than an undertaking to which 
clause (a) does not apply by reason of clause 
(4) (6), (c), (d) or (e) or, except in the case of 
works being provided for management of 
storm water from the subdivision and other 
adjacent lands of the subdivider, clause (4) 
(/). O. Reg. 468/80, s. 2, part; O. Reg. 
885/80, s. 1 (1). 

(4) The exemption provided by clause (3) (a) does 
not apply in respect of, 

(a) the construction of a new road or of a realign- 
ment of an existing road except where the road 
or realignment is, 

(i) to be less than one kilometre in length, 

(ii) to serve a municipally owned industri- 
al, residential or commercial area, or 

(iii) to provide internal circulation in a 
municipal recreation area or park; 

(ft) a new bus service on an exclusive right of way 
or a new rail transit system; 

(f) a new station, terminal or marshalling yard 
for a rail transit s>stem; 

(d) a waste disposal site that, 

(i) is a transfer station for processed 
organic waste, 

(ii) is a site for the disposal of hauled liquid 
industrial waste or hazardous waste as 
designated in regulations made under 
Part V of the Environmental Protec- 
tion Act, or 

(iii) is a site for the disposal of any other 
waste that the Director ascertains 
under subsection 30 (1) of the 
Environmental Protection Act is the 
equivalent of the domestic waste of 
not less than 1,500 persons; 



(e) a new water production works, sewage treat- 
ment works, or sewage lagoon and the stor- 
age, collection, transmission or distribution 
works associated therewith; or 

(/) an undertaking which is or includes a work of 
a type listed in one of the first six groups of 
items in Column 1 of the Table in subsection 
9 (2) and its construction has not commenced 
by the date set out opposite in Column 2 of 
the said Table. O. Reg. 468/80, s. 2, part. 



Reg. 293 



ENVIRONMENTAL ASSESSMENT 



317 



(5) An undertaking by a municipality, for which an 
environmental assessment has not been submitted is 
exempt from the provisions of the Act where, 

(a) before the 3rd day of June, 1980, 

(i) the undertaking had been authorized 
by a resolution or by-law of the council 
or other governing body of the munici- 
pality, 

(ii) land had been acquired by or on behalf 
of the municipality for the purpose of 
implementing the undertaking, or 

(iii) the municipality or some other exprop- 
riating authority acting on behalf of 
the municipality served notice under 
the Expropriations Act of an applica- 
tion for approval to expropriate land 
to be used for the purpose of imple- 
menting the undertaking, 

and at least 25 per cent of the estimated cost is 
scheduled to be spent or construction con- 
tracts for at least 25 per cent of the estimated 
cost are scheduled to be let within three years 
after the 3rd day of June, 1980; 

ib) it is an undertaking of a type that, save that 
the proponent is not Ontario Hydro, is 
described in Orders of the Minister dated the 
14th day of October, 1976 and published as 
numbers OHE-5 and OHG-7 in the issue of 
The Ontario Gazette dated the 13th da\ of 
November, 1976, and construction of the 
undertaking is commenced within twelve 
months after an approval under the Act is 
issued to Ontario Hydro for an undertaking of 
that type; 

(c) it is an undertaking that consists of the expan- 
sion of an existing water works or sewage 
works where the expansion is commenced 
prior to the 31st day of January, 1982 and 
where, in the case of an expansion to a water 
treatment or sewage treatment facility, the 
expansion is located at the site of or adjacent 
to an existing water treatment or sewage 
treatment facility; 

id) it is an undertaking of a type with respect 
to which the Minister issued a notice 
under clause 7 (1) (b) of the Act on the 2Sth 
day of Februar\-, 1980, for the environ- 
mental assessment submitted by the Toronto 
Area Transit Operating Authority as number 
B-1 on the 5th day of March, 1980, 
for one of the environmental assessments 
submitted by the Toronto Area Transit 
Operating Authority as number B-2, B-3 or 
B-4 and construction of the undertaking is 
commenced within twelve months after an 
approval has been issued to the Toronto Area 
Transit Operating Authority for an under- 
taking of that type; 



(e) it is an undertaking of a type that, save that 
the proponent is not Ontario Hydro, is 
described in the Order of the Minister dated 
the 14th day of October, 1976 and published 
as number OHL-12 in the issue of The 
Ontario Gazette dated the 13th day of 
November, 1976 and construction of the 
undertaking is commenced withiA twelve 
months after an approval under the Act is 
issued to Ontario Hydro for an undertaking of 
that type; or 

(/) it is an undertaking of a type that, save that 
the proponent is not the Minister of Trans- 
portation and Communications, is similar to 
any listed under "B" in the key contained in 
the Order of the Minister dated the 15th day of 
August, 1978 and published as number MTC- 
13 in the issue of The Ontario Gazette 
dated the 16th day of September, 1978, and 
construction of the undertaking is commenced 
within twelve months after an approval under 
the Act is issued to the Minister of Transpor- 
tation and Communications for an undertak- 
ing of that type or where the approval was 
issued before the 3rd day of June, 1980, 
within twelve months after that date. 
O. Reg. 468/80, s. 2, part; O. Reg. 885/80, 
s. 1 (2). 

(6) An exemption under clause (5) (a) ceases to apply 
with respect to those parts of the undertaking that are 
not competed within three years after the 3rd day of 
June, 1980 unless at least 25 per cent of the estimated 
cost of the undertaking has been spent or construction 
contracts for at least 25 per cent of the estimated cost 
have been let prior to the end of the three year period. 

(7) The obtaining of an option to acquire land or an 
interest in land by a municipality or the entering into an 
agreement to purchase land or an interest in land by a 
municipality, where the acquisition or purchase is con- 
ditional on compliance with the Act, is an undertaking 
that is exempt from the provisions of subsection 5 (1) of 
the Act. O. Reg. 468/80, s. 2, part. 

(8) For purposes of subclause (5) (a) (i), an under- 
taking shall be deemed to have been authorized 
by resolution or by-law of the council or other 
governing body of the municipality where the council 
or other governing body of a municipality has passed a 
resolution or given second reading to a by-law 
prior to the 3rd day of June, 1980 authorizing any step, 
including any step necessary for the obtaining of or the 
making of an application for approval under any other 
Act, in connection with proceeding with the undertak- 
ing that indicates an intention by the council or other 
governing body to implement the undertaking at a 
specific site. 

(9) In subsection (8), "any step" includes, 

(a) any application for approval that may be 
necessary to facilitate the carrying out of the 
undertaking; 



318 



ENVIRONMENTAL ASSESSMENT 



Reg. 293 



(b) an amendment of an official plan or a 
restricted area by-law and any application 
therefor; 

(c) the engaging of a consultant to prepare any 
material necessary to proceed with an under- 
taking or to obtain an approval; 

(d) the advertising for or awarding of tenders to 
carry out any part of the undertaking; 

(e) the approval of financing necessary to carry 
out any part of the undertaking; or 

if) the acquisition of land. 

(10) Subsection (8) does not apply to the proposed 
waste disposal site of The Regional Municipality of 
Halton at the site in the Town of Milton known as site 
'F'. O. Reg. 885/80, s. 1 (3). 

6. — (1) Notwithstanding section 5, an undertak- 
ing which consists of establishing, constructing and 
operating a new hydro-electric generating facility 
in the Go Home Lake area of Ontario and associated 
transmission and transformation facilities is not 
exempt from the provisions of the Environmental 
Assessment Act and in this section "hydro-electric 
generating facility" includes a dam or other water stor- 
age or diversion facility for the purpose of storing, 
diverting or conducting water for the generation of 
electricity. O. Reg. 816/78, s. 1. 

(2) Notwithstanding section 5, an undertaking that 
consists of establishing, constructing and operating an 
east-west arterial road located in the City of Cam- 
bridge, running easterly from the proposed Highway 8 
By-pass in the direction of Franklin Boulevard and any 
associated facilities is not exempt from the provisions of 
the Act. O. Reg. 8/80, s. 1. 



7. — (1) All undertakings and classes of under- 
takings by or on behalf of Her Majesty in right 
of Ontario and carried out by, 

(a) the Minister of Revenue ; 

(6) the Minister of Labour ; 

(t) the Minister of Correctional Services; 

{d) the Attorney General ; 

(e) the Minister of Colleges and Universities ; 

(/) the Solicitor General ; 

(g) the Minister of Community and Social 
Services ; 

(A) the Minister of Consumer and Commercial 
Relations ; 

(i) the Minister of Education ; 



(;) the Minister of Health ; 

(k) the Minister of Agriculture and Food; and 

(/) the Minister of Housing, 

are exempt from the provisions of the Act. O. Reg. 
836/76, s. 6 (1);0. Reg. 94/77, s. 1. 

(2) All undertakings and classes of undertakings 
by or on behalf of Her Majesty in right of Ontario 
and carried out by an agent of Her Majesty in 
right of Ontario who is not, 

{a) a Minister of the Crown ; 

(6) acting on behalf of a Minister of the 
Crown; or 

(c) defined as a public body, 

are exempt from the provisions of the Act. O. Reg. 
836/76, s. 6 (2). 

8. Notwithstanding section 7, an undertaking 
that is being carried out by the Minister of 
Government Services on behalf of or at the request 
of, 

(a) a Minister of the Crown named in section 7; 
or 

(b) an agent of the Crown exempted by section 7 , 

that would be subject to the Act but for section 7 is not 
exempt from the Act. O. Reg. 836/76, s. 7. 

9. — (1) In this section, 

(a) "authority" means an authority within the 
meaning of the Conservation Authorities 

Act; 

(b) "change in use" when used with respect 
to dam reconstruction means the addition 
of new uses or changing the highest level 
at which water may be stored ; 

(c) "commencement date" means, 

(i) where contracts are to be awarded 
for the carrying out of part or all 
of the construction involved in the 
undertaking, the date on which the 
first such contract is awarded, and 

(ii) where no such contract is to be 
awarded, the date on which con- 
struction commences ; 

(d) "cost" means the estimated total cost of 
the implementation of an undertaking at 
the time of its approval under the Con- 
servation Authorities Act by the Minister 
of Natural Resources exclusive of any costs 



Reg. 293 



ENVIRONMENTAL ASSESSMENT 



319 



for the acquisition of land or for any 
feasibility studies and design carried out 
for the undertaking, or the operation of 
the undertaking ; 

(e) "dam reconstruction" means the recon- 
struction or rebuilding of a dam that 
involves a change in use of the dam or 
reservoir from, 

(i) the use being made immediately 
prior to the reconstruction taking 
place, or 

(ii) a use being made within the ten 
years immediately prior to the re- 
construction taking place where the 
construction involves the repair of 
a dam which has been wholly or 
partly inoperable due to damage. 

O. Reg. 636/77, s. I, part; O. Reg. 468/80, s. 3. 

(2) An undertaking by an authority, for which 
an environmental assessment is not submitted, is 
exempt from the provisions of the Act if, 

(a) the undertaking, 
cost of the undertaking were scheduled 

(i) was approved by the Minister of 
Natural Resources on or before the 
31st day of January, 1978, and 

(ii) was on a list of undertakings submit- 
ted to the Minister on or before the 4th 
day of July, 1978 by the authority 
proposing to carry out the undertak- 
ing and the list indicated that con- 
tracts for at least 25 per cent of the 

to be awarded on or before the 31st 
day of December, 1980; or 

(6) the undertaking is solely for the purpose 
of. 

(i) reforestation and woodlot manage- 
ment, 

(ii) restocking of indigenous wildlife, or 

(iii) provision of conservation area work- 
shops and administration build- 
ings, 

or any combination thereof ; or 

(c) the undertaking, 

(i) has a cost of not more than 
$1,000,000, and 

(ii) has, for work described in Column 1 
of the Table, a commencement 



date falling on or before the date 
in Column 2 of the Table opposite 
the first applicable item in Column 1 . 

TABLE 



Column 1 


Column 2 


Type of Work 


Date 


Construction of Dams 




and Reservoirs 


December 31, 1980 


Channelization, Stabil- 




ization or Diversion 




of Watercourses 


December 31, 1981 


Construction of Dykes 
and Levees 


December 31, 1982 


Lake Shoreline Altera- 




tion including creation 
of new shoreline 


December 31, 1983 


Dam Reconstruction 


December 31, 1984 


WildHfe, including fish, 
Habitat Manipula- 
tion 


December 31, 1985 


All other types 


December 31, 1986 



(3) For the purposes of this section, an under- 
taking shall be deemed to be a work described in 
Column 1 of the Table where any part of the under- 
taking is a work described in the said Column 1. 

(4) An undertaking exempt under clause (2) (a) 
ceases to be exempt under that clause with respect to 
those parts of it that were not completed by the 31st 
day of December, 1980, unless contracts for at least 25 
per cent of the cost of the undertaking were awarded 
by the 31st day of December, 1980. 

(5) Notwithstanding subsection (2), the activities 
of the Grand River Conservation Authority con- 
sisting of the planning, designing, providing, con- 
structing, operating or retiring of water control 
facilities for which Grand River Conservation 
Authority General Membership Resolution Number 
32-75 requires that an Environmental Impact 
Assessment be carried out are designated as under- 
takings to which the Act applies. 

(6) The acquisition of land or interests in land by 
an authority is exempt from the provisions of 
subsection 5 (1) of the Act. O. Reg. 636/77, 
s. 1, part. 

10. The undertaking of making a loan, giving a 
grant, giving a guarantee of debts or issuing or 



320 ENVIRONMENTAL ASSESSMENT Reg. 293 



granting a licence, permit, approval, permission or 
consent is exempt from the provisions of subsec- 
tion 5 (1) of the Act. O. Reg. 836/76, s. 9. 

11. Notwithstanding any provisions of this Regula- 
tion exempting any undertaking from the provisions of 



the Act, where an environmental assessment of an 
undertaking is submitted, all provisions of the Act 
apply in respect of that undertaking. O. Reg. 8/80, 

s. 2. 



Form 1 

Environmental Assessment Act 
SUMMARY FORM FOR AN ENVIRONMENTAL ASSESSMENT SUBMISSION 
Re : An Environmental Assessment received from 



(name of proponent) 

for to be located in 

(title of Undertaking) (location(s) of undertaking) 

Environmental Assessment Number (Number to be issued by the Ministry of the Environment) 

For the public benefit, in a resume of an Environmental Assessment, the following headings should be 
expanded upon and cross-indexed to the Environmental Assessment where applicable. Additional headings 
can be used and any inapplicable headings deleted. 

RESUME: 

1 . Purpose of the Undertaking. 

2. Description of the Undertaking. 

3. Justification of the need for the Undertaking. 

4. Description of possible alternatives to the Undertaking. 

5. Alternative implementation methods for both the Undertaking and the alternatives to it. 

6. Geographic areas/boundaries within which the Undertaking will be executed, and the same for the 
alternatives. Included should be a well marked, legible map. (This may be a 1 .50,000 scale topographic 
map, plus a smaller simplified one for publication purposes). 

7. The environment affected or possibly affected, either directly or indirectly for the areas mentioned in 
item 5. This would include the actual effects or possible effects of the various methods of carrying out 
the Undertaking and the alternatives, and may be explained on a map. 

8. Remedial measures /or any adverse effects mentioned in item 7 . 

9. Advantages and disadvantages to the environment of the Undertaking and the alternatives. 

10. All studies and reports done in connection with the Undertaking or matters related to the Undertaking, 
under the control of the Proponent : list studies and reports. 

11. All studies and reports done in connection with the Undertaking or matters related to the Undertaking 
of which the Proponent is aware which are not under the control of the Proponent: list studies and 
reports. 

ADDITIONAL INFORMATION: 

Additional information, if any, may include such things as: 
agencies or authorities contacted, 

lists of public meetings affecting any decision relating to the Undertaking, 
etc. 

WORDS IN ITALICS, OTHER THAN NAMES OF FORMS OR THE ACT, MAY BE OMITTED. 

O. Reg. 836/76, Form 1. 



Reg. 293 ENVIRONMENTAL ASSESSMENT 321 

Form 2 

Environmental Assessment Act 
SUBMISSION AND NOTICE REQUIRING A HEARING (SECTION 7 (2) OF THE ACT) 
RE : An Environmental Assessment received from : 

(name of propninent) 

for 

(title of Undertaking) 

(in/at) 

(location(s) of Undertaking) 

Environmental Assessment Number 

TO : The Minister of the Environment 

(address) 

FROM: 

(name of submitter) 

(address) 

(telephone number) 

DATE: 

SUBMISSION 

(a) I make the (following/attached) submission relating to the Undertaking, the Environmental 
Assessment and the Review thereof: 

(Submission may follow at this point or may be a separate attachment. List any attachments). 

And, if a hearing is required: 

HEARING 

(b) I require a hearing by the Environmental Assessment Board with respect to the Undertaking, the 
Environmental Assessment and the Review thereof. 

(NOTE: There is provision in clause 12 (2) (b) of the Act for the Minister to disapprove of a hearing 
requirement). 

(signature of submitter) 

WORDS IN ITALICS, OTHER THAN NAMES OF FORMS OR THE ACT, MAY BE OMITTED. 

O. Reg. 836/76, Form 2. 



322 ENVIRONMENTAL 'ASSESSMENT Reg. 293 

Form 3 

Environmental Assessment Act 

SUBMISSION (SECTION 10 OF THE ACT) 
AND NOTICE REQUIRING A HEARING (SECTION 12 (1) OF THE ACT) 

RE: An Environmental Assessment received from: 



(name of proponent) 

for 

(title of Undertaking) 

(in/at) 

(location(s) of Undertaking) 

Environmental Assessment Number 

TO : The Minister of the Environment 



(address) 


FROM : 


(name of submitter) 


(address) 


DATE: 


(telephone number) 



Having previously made a written submission under subsection 7 (2) of the Act on 

(date) 

with regard to the above Undertaking, the Environmental Assessment and the Review thereof, 

I/a submission is made: 

SUBMISSION 

(a) I make the (following/attached) submission relating to the proposed amendments to the Environ- 
mental Assessment : 

(Submission may follow at this point or may be a separate attachment. List any attachments) . 

A nd, if a hearing is required, include : 

HEARING 

(b) I require a hearing by the Environmental Assessment Board on the acceptance or amendment 
and acceptance of the Environmental Assessment, and whether approval to proceed with the 
undertaking should or should not be given or should be given subject to specified conditions. 

(NOTE: There is provision in clause 12 (2) (b) of the Act for the Minister to disapprove of a hearing 
requirement). 



(signature of submitter) 

WORDS IN ITALICS. OTHER THAN NAMES OF FORMS OR THE ACT, MAY BE OMITTED. 

O. Reg. 836/76, Form 3. 



Reg. 293 



ENVIRONMENTAL ASSESSMENT 



323 



Form 4 
Environmental Assessment Act 
NOTICE REQUIRING A HEARING (SECTION 13 OF THE ACT) 
RE : An Environmental Assessment received from : 



for 



(name of proponent) 
(title of Undertaking) 
(location (s) of Undertaking) 



(in/at) 



Environmental Assessment Number . 
TO : The Minister of the Environment 



(address) 



FROM: 



(name of submitter) 



(address) 



(telephone number) 



DATE: 



HEARING 

Having previously made a written submission under subsection 7 (2) of the Act on 



(date) 



with regard to the above Undertaking, the Environmental Assessment and the Review thereof, I now 
require a hearing by the Environmental Assessment Board on whether approval to proceed with the 
Undertaking should or should not be given, or should be given subject to specified conditions. 

(NOTE: There is provision in section 13 of the Act for the Minister to disapprove of a hearing requirement). 



(signature of submitter) 

WORDS IN ITALICS, OTHER THAN NAMES OF FORMS OR THE ACT, MAY BE OMITTED. 

O. Reg. 836/76, Form 4. 



Reg. 294 



ENVIRONMENTAL ASSESSMENT 



325 



REGULATION 294 



under the Environmental Assessment Act 



SOUTH CAYUGA SEWAGE WORKS AND 
WASTE DISPOSAL SITES 

1. In this Regulation, 

(a) "South Cayuga Sewage Works and Waste 
Disposal Sites" means the sewage works or 
waste disposal sites located in the Town of 
Haldimand in The Regional Municipality of 
Haldimand-Norfolk on any parts of lots 10 to 
21, Concession 4, and lots 10 to 21, Conces- 
sion 5 in the former Township of South 
Cayuga for the purpose of receiving sewage 
or waste and of treating or disposing of the 
sewage or waste; 

(b) "South Cayuga undertaking" means the 
enterprises or activities of establishing and 
operating the South Cayuga Sewage Works 
and Waste Disposal Sites together with all 
facilities ancillary thereto including highways 
and bridges providing access thereto and all 
waste management systems related thereto 
and any proposal, plan or program in relation 
to such enterprises or activities; and 



(c) "waste management system related thereto" 
means any waste management system of Her 
Majesty the Queen in right of Ontario of 
which any part of the South Cayuga Sewage 
Works and Waste Disposal Site is a part and 
any facility or works established on land 
owned or occupied by Her Majesty the Queen 
in right of Ontario or any agent thereof for 
purposes of collecting sewage or waste for 
transmission or trans-shipment to the South 
Cayuga Sewage Works and Waste Disposal 
Site. O. Reg. 1122/80, s. 1. 

2. The South Cayuga undertaking is exempt from 
the provisions of the Act. O. Reg. 1122/80, s. 2. 

3. Every person who is carrying out the South 
Cayuga undertaking or any part thereof is exempt from 
the provisions of the Act in relation to such undertak- 
ing. O. Reg. 1122/80, s. 3. 

4. Sections 2 and 3 do not apply to any part of the 
South Cayuga undertaking with respect to which an 
environmental assessment is submitted by its propo- 
nent. O. Reg. 1122/80, s. 4. 



Reg. 295 



ENVIRONMENTAL PROTECTION 



327 



REGULATION 295 



under the En\ironmental Protection Act 



AIR CONTAMINANTS FROM FERROUS 
FOUNDRIES 

1. In this Regulation, 

(a) "effluent gas stream" means the combin- 
ation of gases and solids being emitted from 
a process or operation ; 

(6) "ferrous foundry" means the part of a 
building, or premises, or the workshop, 
structure, room or place in which iron or any 
of its alloys is cast in moulds or where 
core-making, shake-out or cleaning of any 
casting or other dust-causing or odour- 
causing op)eration ancillary to the casting 
process is carried on ; 

(c) "particulate" means solid particles; 

(d) "particulate collection efficiency" means 
the amount of the solid particles that is 
removed from the effluent gas stream, 
expressed as a percentage of the total par- 
ticulate in the uncontrolled effluent gas 
stream on a weight basis ; 

(e) "plus 25 micron fraction" means that part of 
the total particulate in the effluent gas 
stream of which the nominal diameter is 
greater than 25 microns. R.R.O. 1970, 
Reg. 11, s. 1. 



2. This Regulation does not apply to, 

(a) die casting; or 

ib) any premises or part thereof where steel 
ingots are cast. R.R.O. 1970, Reg. 11, s. 2. 

3. All ferrous foundry operations shall be designed 
and operated so as to have a minimum particulate 
collection efficiency of 97 per cent of the plus 25 mic- 
ron fraction. R.R.O. 1970, Reg. 11, s. 3. 

4. — (I) Where a ferrous foundry has a cupola with 
a melting capacity of not more than ten tons of iron 
an hour, the cupola shall be designed and operated 
so as to have, 

(a) a maximum emission of seventy-five pounds 
an hour of particulate and the remaining air 
contaminants shall be emitted in such a 
manner as to comply with the requirements 
of sections 5 and 6 of RcKulation 308 of 
Revised Regulations of Ontario, 1980; 



(b) afterburners working at all times during the 
operation of the cupola ; 

(c) no water fallout beyond the limits of the 
land or premises on or in which the ferrous 
foundry is located ; and 

(d) no impingement of a water plume beyond 
the limits of the land or premises on or in 
which the ferrous foundry is located. 

(2) Where a ferrous foundry has a cupola with a 
melting capacity greater than ten tons of iron an 
hour, the cupola shall be designed and operated so as 
to have, 

(a) a maximum emission of twenty-five pounds 
an hour of particulate and the remaining air 
contaminants shall be emitted in such a 
manner as to comply with the requirements 
of sections 5 and 6 of Regulation 308 of 
Revised Regulations of Ontario, 1980; 

(b) afterburners working at all times during the 
operation of the cupola ; 

(c) no water fallout beyond the Hmits of the 
land or premises on or in which the ferrous 
foundry is located ; and 

(d) no impingement of a water plume beyond 
the limits of the land or premises on or in 
which the ferrous foundry is located. 

(3) Where a ferrous foundry has an electric arc 
furnace, the electric arc furnace shall be designed and 
operated so as to have, 

(a) a maximum emission of twenty-five pounds 
an hour of particulate and the remaining air 
contaminants shall be emitted in such a man- 
ner as to comply with the requirements of 
sections 5 and 6 of Regulation 308 of Revised 
Regulations of Ontario, 1980; 

(6) no water fallout beyond the limits of the 
land or premises on or in which the ferrous 
foundry is located ; and 

(c) no impingement of a water plume beyond 
the limits of the land or premises on or in 
which the ferrous foundry is located. 
R.R.O. 1970, Reg. 11, s. 4. 

5. The owner or operator of each ferrous foundry 
shall .submit a written proposal to the Minister, show- 
ing in detail the method and devices by which the 
owner or operator intends to meet the requirements of 
this Regulation. R.R.O. 1970, Reg. 11, s. 5. 



Reg. 296 



ENVIRONMENTAL PROTECTION 



329 



REGULATION 296 



under the Environmental Protection Act 



AMBIENT AIR QUALITY CRITERIA 

1. The desirable ambient air quality criteria for each contaminant set out in Column 1 of the 
Schedule is that amount of concentration or total amount of contaminant set out opposite thereto in 
Column 3 of the Schedule in the unit of measurement set out opposite thereto in Column 2 of the Schedule 
for the time set out opposite thereto in Column 4 of the Schedule. O. Reg. 872/74, s. 1 . 



Schedule 



Item 


Column 1 


Column 2 


Column 3 


Column 4 


Column 5 


Name of 
Contaminant 


Unit of Measurement 


Average Amount of 

Concentration or 

Total Amount of 

Contaminant 


Period 
of Time 


Approximate 

Equivalent at 

10°Cand760mm 

Hg pressure 


1. 


Arsenic 


Micrograms of Arsenic 
p>er cubic metre of air 


25 


24 hours 




2. 


Cadmium 


Micrograms of cadmium 
per cubic metre of air 


2.0 


24 hours 




3. 


Carbon 
Monoxide 


Parts of carbon monoxide 
per one million parts of 
air by volume 


30 
13 


1 hour 
8 hours 


36,200 ug/m» 
15,700 ug/m» 


4. 


Dustfall 


Tons of dustfall per square 
mile per month 


20 Total 
13 


30 days 
1 year 




5. 


Fluorides 
(Gaseous) 
April 15 to 
October 15 


Parts of fluorides per 
billion parts of air by 
volume (Expressed as HF) 


1.0 
0.4 


24 hours 
30 days 


0.86 ug/m» 
0.34 ug/m» 


6. 


Total Fluorides 
(Gaseous and 
Particulate) 
April 15 to 
October 15 


Parts of fluorides per one 
billion parts of air by 
volume 

(Expressed as HF) 


2.0 
0.8 


24 hours 
30 days 


1.72 ug/m» 
0.69 ug/m» 


7. 


Total Fluorides 
(Gaseous and 
Particulate) 
October 16 to 
April 14 


Parts of fluorides per one 
billion parts of air by 
volume 

(Expressed as HF) 


4.0 
1.6 


24 hours 
30 days 


3.44 ug/m* 
1.38 ug/m» 


8. 


Fluorides in 
Forage for 
Consumption 
by Live stock 


Parts of total fluorides per 
one million parts forage 
(dry weight) 


35 


Individual 
-Sample 





330 



ENVIRONMENTAL PROTECTION 



Reg. 296 



Item 


Column 1 


Column 2 


Column 3 


Column 4 


Column 5 


Name of 
Contaminant 


Unit of Measurement 


Average Amount of 

Concentration or 

Total Amount of 

Contaminant 


Period 
of Time 


Approximate 

Equivalent at 

10°C and 760 mm 

Hg pressure 


9. 


Fluoridation 
(total) 
April 15 to 
October 15 


Micrograms of total fluo- 
rides collected by 100 sq. 
centimetres of limed filter 
paper 


40 


30 days 




10. 


Fluoridation 
(total) 

October 16 to 
April 14 


Micrograms of total fluo- 
rides collected by 100 sq. 
centimetres of limed filter 
paper 


80 


30 days 




11. 


Hydrogen 
Sulphide 


Parts of hydrogen sul- 
phide per one million 
parts of air by volume 


0.02 


1 hour 


30 ug/m» 


12. 


Lead 


Micrograms of lead per 
cubic metre of air 


5.0 

2.0 geometric 

mean 


24 hours 
30 days 




13. 


Mercaptans 


Parts of mercaptans per 

one million parts of air by 

volume 

(Expressed as methyl 

mercaptan) 


0.01 


1 hour 


20 ug/m» 


14. 


Mercury 


Micrograms of mercury 
per cubic metre of air 


2.0 


24 hours 




15. 


Nickel 


Micrograms of Nickel per 
cubic metre of air 


2.0 


24 hours 




16. 


Nitrogen 
Dioxide 


Parts of nitrogen dioxide 
per one million parts of 
air by volume 


0.20 
0.10 


1 hour 
24 hours 


400 ug/m» 
200 ug/m» 


17. 


Oxidants 

(total) 


Parts of total oxidants 
per one million parts of 
air by volume 


0.10 


1 hour 




18. 


Ozone 


Parts of ozone per one 
million parts of air by 
volume 


0.08 


1 hour 


165 ug/m* 


19. 


Soiling 


Coefficient of Haze per 
1.000 feet of air 


1.0 

0.5 


24 hours 
1 year 




20. 


Sulphation 


Milligrams of sulphur 
trioxide per 100 sq. cm 
of exposed lead peroxide 
per day 


0.7 


30 days 




21. 


Sulphur 
Dioxide 


Parts of sulphur dioxide 
per one million parts of 
air by volume 


0.25 
0.10 
0.02 


1 hour 

24 hours 

1 year 


690 ug/m' 

275 ug/m» 

55 ug/m' 



Reg. 296 



ENVIRONMENTAL PROTECTION 



331 



Item 


Column 1 


Column 2 


Column 3 


Column 4 


Column 5 


Name of 
Contaminant 


Unit of Measurement 


Average Amount of 

Concentration or 

Total Amount of 

Contaminant 


Period 
of Time 


Approximate 

Equivalent at 

10°Cand760mm 

Hg pressure 


22. 


Suspended 
Particulate 
Matter 


Micrograms of susp>ended 
particulate matter per 
cubic metre of air 


120 

60 geometric 
mean 


24 hours 
1 year 




23. 


Vanadium 


Micrograms of vanadium 
per cubic metre of air 


2.0 


24 hours 





O. Reg. 872/74, Sched. ; O. Reg. 158/75, s. 1. 



Reg. 297 



ENVIRONMENTAL PROTECTION 



333 



REGULATION 297 



under tlie Knxironmental Protection Act 



ASPHALT PAVING PLANTS 

(a) "aggregate material" means any material or 
materials, including, but not limited to, 
gravel, slag, limestone, crushed rock, sand, 
hydrated lime, cement, furnace ash, 
asbestos, glass or sulphur, or any two or 
more of them, used to produce asphalt 
paving when mixed with bituminous 
asphalt ; 

(b) "asphalt paving plant" means equipment 
designed to dry aggregate material and to 
mix the aggregate material with bituminous 
asphalt ; 

(c) "fine material" means that portion of 
aggregate material that will pass through 
a number 200 sieve as designated in the 
American "Society for Testing Materials 
publication number ASTM-E-1 1-61 ; 

{d) "permanent asphalt paving plant" means 
an asphalt paving plant that remains at 
one location for more than one calendar 
year; 

(«) "portable asphalt paving plant" means 
an asphalt paving plant that remains at one 
location for less than one calendar year. 
O.Reg. 183/72,s. 1. 



2. No person responsible for a portable asphalt 
paving plant shall operate or permit the plant to be 
operated so as to emit solid material into the air, 

(a) at a rate greater than that derived, by 
measurement or calculation, from the 
application of the following formula: 



E = 



X 1.67 X C 



Where: E is the amount of solid material 
emitted in pounds per minute 

A is the actual operating rate of 
production of the plant at the 
time of testing in tons per hour 

B is the maximum designed rate of 
production of the plant as stated 
by the manufacturer of the 
dryer in tons per hour cor- 
rected to a moisture content of 
5 per cent 



C is 1, except that where the 
material processed contains less 
than 5 per cent of fine material 
by weight, C is the actual per- 
centage of fine material con- 
tained in the material processed 
divided by 5 per cent ; or 

(b) at a greater rate than 1.67 f)ounds per 
minute, 

whichever is the lesser. O. Reg. 183/72, s. 2. 

3. No person responsible for an asphalt paving 
plant shall operate or permit the plant to be operated 
so that visible solid material, a water plume or 
fallout of water droplets emitted into the air from 
the asphalt paving plant impinges on any pjoint 
beyond the limits of the property on which the 
asphalt paving plant is located. O. Reg. 183/72, 
S.3. 

4. No person responsible for an asphalt paving 
plant shjill permit visible solid material emitted 
from any source other than the asphalt paving 
plant to pass beyond the limits of the property on 
which the asphalt paving plant is located. O. Reg. 
183/72,5.4. 

5. No j)erson responsible for a permanent asphalt 
paving plant shall operate or permit the plant to 
be operated so as to emit solid material into the air, 

(a) that will, at any point of impingement, 
result in a concentration of solid material, 
measured or calculated, equal to or greater 
than that derived from the application of 
the following formula: 



F = A 
B 



X 100 X C 



Where: 



F is the calculated average con- 
centration of solid material at a 
point of impingement in micro- 
grams per cubic metre of air for a 
thirty-minute period 

A is the actual operating rate of 
production of the plant at the 
time of testing in tons per hour 

B is the maximum designed rate 
of production of the plant as 
stated by the manufacturer of 
the dryer in tons per hour cor- 
rected to a moisture content of 
5 per cent 



334 



ENVIRONMENTAL PROTECTION 



Reg. 297 



is 1, except that where the 
material processed contains less 
than 5 per cent of fine material 
by weight, C is the actual per- 
centage of fine material con- 
tained in the material processed 
divided by 5 per cent ; or 



(6) that will result in a concentration of solid 
material, measured or calculated, at any 
point of impingement of an average greater 
than 100 micrograms per cubic metre of air 
during a period of thirty minutes, 

whichever is the lesser. O. Reg. 183 /72, s. 5. 



Reg. 298 ENVIRONMENTAL PROTECTION 335 

REGULATION 298 

under the Environmental Protection Act 
CLASSES OF CONTAMINANTS— EXEMPTIONS 

1. In this Regulation, 

(a) "highway" has the same meaning as in the Highway Traffic Act; 

(b) "road authority" means any person or persons having jurisdiction and control over a highway. 
O. Reg. 505/72, s. 1. 

2. Where any substance used on a highway by the Crown as represented by the Minister of Transportation 
and Communications or any road authority or any agent or employee of any of them for the purpose of keeping 
the highway safe for traffic under conditions of snow or ice or both is a contaminant, it is classified and is exempt 
from the provisions of the Act and the regulations. O. Reg. 505/72, s. 2. 



Reg. 299 



ENVIRONMENTAL PROTECTION 



337 



REGULATION 299 

under the Knvironmental Protection Act 



CONTAINERS 

1. — (1) In this Regulation, 

(a) "carbonated soft drink" includes non- 
alcoholic beers and wines and unflavoured 
mineral waters ; 

ib) "import flavour" means a flavour of carbo- 
nated soft drink which is sold by way of an 
import sale in Class 2 or Class 3 containers 
where no carbonated soft drink of that 
flavour is manufactured or sold in Class 1 
containers in Ontario; 

(c) "import sale" means the sale of a carbonated 
soft drink which was produced and placed in 
its retail container in a country other than 
Canada or the United States of America; 

(d) "licensed sale" means the sale of a carbonated 
soft drink by way of an on-premises sale at 
premises licensed under the Liquor Licence 
Act; 

(g) "non-refillable container" means a container 
that is not a refillable container, but does not 
include, 

(i) a container, 

(A) that is used or intended to be 
used to contain a product in 
bulk, 

(B) that is for use in connection 
with soft drink dispensing 
machines, and 

(C) that is accepted for reuse as a 
container by a retail vendor, 
distributor, processor or manu- 
facturer of carbonated soft 
drinks, or 

(ii) a container that contains or is 
intended to contain other containers; 

(/) "on-premises sale" means the sale of a bever- 
age intended for consumption on the prem- 
ises on which it is sold; 

(g) "refillable container" means a container, 

(i) that contains or is intended to 
contain a carbonated soft drink 
sold or intended for sale, 



(ii) that will be accepted for reuse 
as a container by a retail vendor, 
distributor, processor or manu- 
facturer of carbonated soft drinks, 

(iii) for which a deposit is or will be 
charged at the time of sale of the 
carbonated soft drink at retail other 
than by way of an on-premises 
sale, and 

(iv) for which, as a used container, 
money will be paid or given by a 
retail vendor, distributor, processor 
or manufacturer of carbonated soft 
drinks, 

but does not include a container that 
contains or is intended to contain other 
containers ; 

ill) "sales from mobile industrial canteens" 
means sales of carbonated soft drinks in 
Class 2 containers made, 

(i) from a commercial motor vehicle 
having no more than two axles, 
other than a bus, 

(ii) at the same time as other ready- 
to-eat food is offered for sale from 
the vehicle, 

(iii) at an industrial, commercial, con- 
struction or other similar site, 

(iv) to persons who are employed at 
the site and not resident at the 
site unless they are engaged in 
construction at the site, and 

(v) intended for consumption at the 
site; 

(j) "spring water" means mineral or spring 
water within the meaning of Section 
B12.001 of the Food and Drug Regu- 
lations made under the Food and Drugs 
Act (Canada). O. Reg. 687/76, s. 1 ; O. Reg. 
146/77, s. 1; O. Reg. 157/78, s. 1. 

(2) In this Regulation where a reference is made to a 
container with a capacity of 284 millilitres, the ref- 
erence shall be deemed to include a reference to a con- 
tainer with a capacity of 280 millilitres. O. Reg. 
.397/80, s. 1. 

2. — ( 1 ) Refillable containers are classified as Class 
1 -containers. 



338 



ENVIRONMENTAL PROTECTION 



Reg. 299 



(2) Non-refillable containers that are cylindrical 
cans are classified as Class 2 containers. 

(3) Non-refillable containers that are glass bottles 
are classified as Class 3 containers. 

(4) Class 1 containers of a capacity established by 
subsection 13(1) are also classified as Class 4 contain- 
ers. 

(5) Containers that contain or are intended to 
contain Class 1 containers are classified as Class 5 
containers. O. Reg. 687/76, s. 2. 

3. Subject to section 6 and subsections 14 (3) and 
(4), where a retail vendor is presented with an empty 
Class 1 container by any person, the retail vendor shall 
accept the empty Class 1 container from the person 
and shall pay to him an amount not less than, 

(a) ten cents for each Class 1 container that 
when sold at retail contains between 125 
and 350 millilitres, both inclusive, of a 
carbonated soft drink ; 

{b) twenty cents for each Class 1 container 
that, when sold at retail, contains more 
than 350 millilitres of a carbonated soft 
drink ; and 

(c) notwithstanding clause (6), thirty cents for 
each Class 1 container that has a capacity 
of 1.5 Htres. O. Reg, 687/76, s. 3; 
O. Reg. 146/77, s. 2, 

4. Every Class 1 container manufactured on or 
after the 1st day of February, 1977 and intended 
to contain a carbonated soft drink for sale in 
Ontario shall be clearly marked "MONEY-BACK 
BOTTLE-BOUTEILLE CONSIGNEE". O. Reg. 
687/76, s. 4. 

5. — (1) Upon the request of a retail vendor, a 
distributor, processor or manufacturer or a person 
acting on behalf of such distributor, processor or 
manufacturer shall collect from the retail vendor the 
empty Class 1 containers for carbonated soft 
drinks manufactured, processed, sold or distributed 
by such distributor, processor or manufacturer and 
reimburse the retail vendor in full for each 
payment made by the retail vendor under section 3. 

(2) A processor or manufacturer shall reimburse a 
distributor in full for each payment made by the dis- 
tributor under subsection (1) in respect of each con- 
tainer returned by the distributor to the processor or 
manufacturer. O. Reg. 687/76, s. 5. 

6. — (1) No retail vendor shall be required to 
accept, 

(a) a Class 1 container that is not intact 
or is not in a reasonably clean condition ; 

(6) more than forty-eight Class 1 containers 
from a person in a twenty-four hour 
period ; and 



(c) any Class 1 cdntainer that, when sold at 
retail, contained a brand or flavour of a 
carbonated soft drink not sold by the 
retail vendor in a Class 1 container 
having the same capacity for consumption 
off his premises during the six months 
immediately preceding the presentation of 
the container. 

(2) Notwithstanding the provision of clause (1) (c) 
relating to capacity, where a retail vendor has sold a 
carbonated soft drink in a Class 1 container at any 
time during the six months immediately preceding the 
presentation of a container he shall accept the con- 
tainer, 

(a) if it has a 10 fluid ounce, 300 milli- 
litre, 12 fluid ounce or 16 fluid ounce 
capacity and he has sold during such 
six-month period the carbonated soft drink 
in a Class 1 container having any such 
capacity ; and 

(b) if it has a 26 fluid ounce, 750 milli- 
litre, 28 fluid ounce, 30 fluid ounce or 
32 fluid ounce capacity and he has sold 
during such six-month period the car- 
bonated soft drink in a Class 1 container 
having any such capacity. O. Reg. 687/76, 
S.6. 

7. An amount paid under section 3 shall be in 
cash. O. Reg. 687/76, s. 7. 

S. — (1) Every retail vendor of carbonated soft 
drinks in Class 1 containers for consumption off his 
premises shall clearly display on his retail premises a 
notice stating: 

"Regulations of the Province of Ontario under 
the Environmental Protection Act provide that 
a cash refund of the full deposit will be 
paid for up to forty-eight intact and reason- 
ably clean refillable containers in any twenty- 
four hour period of a brand and flavour of 
carbonated soft drink sold here in containers 
of the same size within the preceding six 
months." 

(2) A retail vendor who is required to display the 
notice referred to in subsection (1) may, in addition, 
display the following notice: 

"Les reglements etablis par la Province de 
rOntario en vertu de la loi intitulee the 
Environmental Protection Act (Loi sur la pro- 
tection de I'environnement) prevoient le rem- 
boursement integral en especes du montant 
depose, pour un maximum de quarante-huit 
bouteilles consignees de boisson gazeuse vides, 
de la meme contenance, rapportees au cours 
d'une periode de vingt-quatre heures, intactes 
et suffisamment propres, d'une marque et d'une 
saveur vendues dans ce magasin au cours des 
derniers six mois." O. Reg. 687/76, s. 8. 



Reg. 299 



ENVIRONMENTAL PROTECTION 



339 



9. — (1) In all advertising or labelling of a carbo- 
nated soft drink where prices are shown or announced, 
the price of the carbonated soft drink shall be clearly 
displayed or announced and the amount of any deposit 
for the container thereof shall be clearly and separately 
displayed or announced. 

(2) Where the price of a carbonated soft drink in a 
Class 2 or Class 3 container is shown or announced in 
the advertising or labelling of a retail vendor, dis- 
tributor, processor or manufacturer, such person shall 
show or announce in advertising or labelling the price 
for the carbonated soft drink in each capacit\- of Class 
1 container in which the carbonated soft drink is sold, 
distributed, processed or manufactured by such person 
in the same size as the Class 2 or Class 3 container for 
which a price is shown or announced. 

(3) Where advertising referred to in subsection (2) is 
directed at members of the public who are not on 
premises at which the carbonated soft drink is sold, all 
prices required to be shown or announced by subsec- 
tion (2) shall be shown or announced in each adver- 
tisement. 

(4) In subsection (2) "same size" means, in respect of 
a container, a container of the same capacity or of a 
capacity that is permitted by subsection 11 (3) to be 
stocked and offered for sale instead of a Class 1 con- 
tainer of a capacity of 284, 300 or 750 millilitres, as the 
case may be. O. Reg. 687/76, s. 9. 

10. No person shall sell or offer for sale beer as 
defined in the Liquor Licence Act or a. carbonated soft 
drink in a Class 2 container that has an opening device 
that is detachable in ordinary use. O. Reg. 687/76, 
s. 10(1). 

11. — (1) Subject to subsections (8) and (10), where a 
retail vendor stocks, displays or offers for sale a carbo- 
nated soft drink in a Class 2 or Class 3 container, 

(a) he shall also stock and offer for sale the 
same flavour of carbonated soft drink in 
Class 1 containers of the same capacity; 
and 

(b) he shall display the Class 1 containers in 
the same product display area as the other 
class of containers. O. Reg. 687/76, s. 11(1); 
O. Reg. 146/77,5.3(1). 

(2) Where a retail vendor displays a carbonated soft 
drink in a Class 3 container and is required by subsec- 
tion ( 1) to stock, offer for sale and display a carbonated 
soft drink of the same flavour in Class 1 containers of 
the same capacity in the same product display area, 
the Class 1 containers so required to be displayed shall 
contain a carbonated soft drink of the same brand as 
that displayed in the Class 3 container. 

(3) The display space used for each brand, flavour 
and capacity of carbonated soft drink required by sub- 
section (2) to be displayed in Class 1 containers shall be 
not less than the display space used for that brand, 



flavour and capacity of carbonated soft drink in Class 
3 containers. 

(4) The display space used for carbonated soft 
drinks required by subsection (1) to be displayed in 
Class 1 containers, 

(a) with respect to carbonated soft drinks in 
Class 2 containers, shall be not less than 
that used for carbonated soft drinks in 
Class 2 containers ; and 

(6) with respect to carbonated soft drinks sold 
by way of import sales in Class 3 containers, 
shall be not less than that used for car- 
bonated soft drinks sold by way of import 
sales in Class 3 containers. 

(5) For purposes of subsections (3> and (4), and 
subject to subsections (6) and (7), display space used 
shall be determined by, 

(a) the length of shelf, counter or floor space ; 
and 

(6) the area of shelf, counter or floor space, 

used for the display and when the display space 
used for Class 1 containers is less than that used 
for the other class of containers by either measure- 
ment then the display space used for the Class 1 
containers is deemed to be less than the display space 
used for the other class of containers. 

(6) In determining the display space used for 
Class 1 containers no space occupied by a brand, 
flavour and capacity of carbonated soft drink shall 
be included unless some of the Class 1 containers of 
that brand, flavour and capacity of carbonated 
soft drink are conveniently accessible to the customers 
of the retail vendor without the customer having 
to move containers. 

(7) In determining display space used where 
shelf, counter or floor space is occupied by more 
than one layer of containers, the area of the shelf, 
counter or floor space so occupied shall be multiplied 

by, 

(a) in the case of Class 1 and Class 3 con- 
tainers, the number of layers of such con- 
tainers or Class 5 containers containing 
such containers; and 

(6) in the case of Class 2 containers, two- 
thirds of the number of layers of such 
containers or Class 5 containers contain- 
ing such containers. O. Reg. 157/78, 
s. 2 {\),part. 

(8) Subsection (1) does not apply to the sale of car- 
bonated soft drinks in Class 2 or Class 3 containers, 

(a) from vending machines ; 



340 



ENVIRONMENTAL PROTECTION 



Reg. 299 



(b) on aircraft ; 

(c) by sales from mobile industrial canteens; 

(d) where the carbonated soft drink is an 
import flavour and the person who manu- 
factures the carbonated soft drink or the 
person who imports it into Ontario has 
filed written notice with the Director of the 
Pollution Control Branch of the Ministry 
setting out the brand name under which 
the carbonated soft drink is sold in Ontario 
and the flavour of the carbonated soft 
drink ; 

(e) by a licensed sale ; 

(/)-at premises where deliveries of carbonated 
soft drinks are received only by un- 
scheduled boat, aircraft or snow train and 
which are located more than ten miles 
from the nearest road or railway ; or 

ig) where the carbonated soft drink is spring 
water of a particular brand and all spring 
water of that brand, whether sold in or out 
of Ontario, comes from a single under- 
ground source. O. Reg. 146/77, s. 3 (2); 
O. Reg. 157/78, s. 2 (2). 

(9) Subsection (2) does not apply to the sale in Class 
3 containers of carbonated soft drinks by way of 
import sales. O. Reg. 157/78, s. 2 (1), part. 

(10) A retail vendor who stocks or offers for sale a 
carbonated soft drink in, 

(a) a Class 2 or Class 3 container having a 
capacity of 300 millilitres may stock 
and offer for sale the carbonated soft 
drink in a Class 1 container manufactured 
before the 1st day of April, 1978, having 
a capacity of 10, 12 or 16 fluid ounces, 
instead of a capacity of 300 millilitres; 

(b) a Class 2 or Class 3 container having a 
capacity of 750 millilitres may stock and 
offer for sale the carbonated soft drink in 
a Class 1 container manufactured before 
the 1st day of April, 1978, having a 
capacity of 26, 28, 30 or 32 fluid ounces 
instead of a capacity of 750 millilitres ; or 

(c) a Class 2 container having a capacity of 
284 millilitres may stock and offer for sale 
the carbonated soft drink in a Class 1 
container having a capacity of 10 fluid 
ounces, 300 millilitres, 12 fluid ounces or 
16 fluid ounces instead of a capacity of 
284 millihtres. O. Reg. 687/76, s. 11 (3). 

(11) A carbonated soft drink that is or has been 
contained in a Class 2 or Class 3 container shall 
not be stocked, displayed or offered for sale by a 
retail vendor except in accordance with the pro- 



visions of sections 11 and 12. 
part. 



O. Reg. 157/78,5.2(1), 



12. — (1) No person shall sell or offer for sale any 
carbonated soft drink that is or has been con- 
tained in a Class 3 container unless, 

(a) the Class 3 container has a capacity of 200 
millilitres, 750 millilitres or l.S litres; or 

(b) where the carbonated soft drink is sold by 
way of import sale or is spring water sold 
under clause 11 (8) (g), the Class 3 container 
has a capacity of 300 millilitres. O. Reg. 
157/78, s. 3 (1). 

(2) No person shall make a licensed sale of a carbo- 
nated soft drink that was contained in a Class 2 con- 
tainer on the premises in which the sale was 
made. O. Reg. 146/77, s. 4, part. 

(3) Subsection (2) does not apply to the sale of car- 
bonated soft drinks in Class 2 containers, 

(a) from vending machines ; 

(b) on aircraft ; 

(c) at premises where deliveries of carbonated 
soft drinks are received only by^ unscheduled 
boat, aircraft, or snow train and which are 
located more than ten miles from the nearest 
road or railway; or 

(d) where the carbonated soft drink is an import 
flavour that is sold under clause 11 (8) 
id). O. Reg. 146/77, s. 4, part; O. Reg. 157/ 
78, s. 3 (2). 

(4) Subsection (1) does not apply to prohibit the sale 
or offering for sale of a carbonated soft drink in a Class 
3 container having a capacity of 739 millilitres where, 

(a) the container is filled with the carbonated soft 
drink before the 1st day of January, 1980; 

(b) the vendor of the carbonated soft drink com- 
plies with the provisions of, 

(i) section 9 on the basis that where the 
price of the drink in a Class 3 container 
having a capacity of 739 millilitres is 
advertised or labelled, the price of the 
drink in a Class 1 container having a 
capacity of 750 millilitres is similarly 
advertised or labelled, and 

(ii) section 1 1 on the basis that the drink in 
a Class 1 container having a capacity 
of 750 millilitres may be substituted in 
lieu of the drink in a Class 1 container 
having a capacity of 739 millilitres; 
and 

(c) the carbonated soft drink is not advertised in 
739 millilitre containers in any advertising 



Reg. 299 



ENVIRONMENTAL PROTECTION 



341 



directed at the public off the premises at 
which the carbonated soft drink is sold. 
O.Reg. 72/80, s. 1. 

13. — (1) A Class 4 container shall have one of 
the following capacities : 

1. 200 millihtres 

2. 300 millilitres 

3. 750 millilitres 

4. 1.5 litres 

O. Reg. 687/76, s. 13 (1); O. Reg. 146/77, s. 5 (1). 

(2) No person shall sell or offer for sale a carbonated 
soft drink in a Class 1 container manufactured on or 
after the 1st day of April, 1978 unless the container is 
also a Class 4 container. 

(3) No retail vendor who is not licensed under the 
Liquor Licence Act shall stock or sell a carbonated soft 
drink in a Class 4 container having a capacity of 200 
millilitres. O. Reg. 687/76, s. 13 (2, 3). 

(4) Subsection (2) does not apply until the 1st day of 
Januar\', 1982, to prohibit the sale of a brand of carbo- 
nated soft drink that, 

(a) has not been manufactured in Class 2 or 
Class 3 containers after the 1st day of 
January, 1977; 

{b) is manufactured by a manufacturer who 
has not after the 1st day of January, 1977, 
manufactured any brand of carbonated 
soft drink in a Class 2 or Class 3 container ; 
and 

(c) has been manufactured since before the 
1st day of January, 1977. O. Reg. 146/77, 
s. 5 (2). 

14. — (1) In this section the words "containers 
of a single capacity" include, where a container's 
capacity is marked thereon in fluid ounces, con- 
tainers having a capacity marked thereon in 
millihtres provided the capacity so marked is not 
more than 10 millilitres more nor smaller than 
10 millihtres less than the number of millihtres 
which is equivalent to the number of fluid ounces 
marked on the other containers of the single 
capacity. 

(2) Notwithstanding subsection 13 (2), a person may 
offer for sale and sell carbonated soft drinks of a single 
brand in Class 1 containers of a single capacity greater 
than 16 fluid ounces not mentioned in subsection 13 
(1), provided that, 

(a) the brahd of soft drink, 



(i) was offered for sale and sold in 
Ontario on or before the 1st day of 
August, 1976 in Class 1 containers 
of such capacity, 

(ii) was not offered for sale or sold in 
Ontario after the 1st day of April, 
1977 in Class 2 or Class 3 containers, 
and 

(iii) was not offered for sale or sold in 
Ontario after the 1st day of April, 
1977 in a Class 1 container of a differ- 
ent capacity greater than 16 fluid 
ounces; 

(6) all carbonated soft drinks of the brand 
sold by the person in Class 1 containers 
are contained in Class 5 containers, and 
each Class 5 container at the time of sale 
of the carbonated soft drink is full and 
contains at least, 

(i) twenty-four Class 1 containers of 
a capacity equal to or less than 16 
fluid ounces, or 

(ii) six Class 1 containers of a capacity 
greater than 16 fluid ounces; and 

(c) a separate deposit is charged for each 
Class 5 container that is not less than 25 
per cent of the amount which would be 
required to be paid in respect of the 
Class 1 containers contained therein when 
returned empty if section 3 were appli- 
cable thereto. 

(3) Notwithstanding subsection 13 (2) and subsec- 
tion (2) of this section, a person may offer for sale and 
resell by way of an on-premises sale a carbonated soft 
drink sold to the person in accordance with subsection 
(2). 

(4) Notwithstanding section 3, a person who sells or 
offers for sale a carbonated soft drink under subsection 
(2) may charge a deposit and pay an amount in respect 
of empt\' Class 1 containers that is different from the 
amount required by section 3 to be paid for each empty 
Cla.ss 1 container provided, 

(a) the total amount charged for a deposit 
in respect of a Class 5 container and the 
Class 1 containers contained therein is not 
less than 125 per cent of the amount that 
would be required to be paid on the return 
of the empty Class 1 containers ; and 

(6) the amount charged for a deposit in 
respect of each Class 1 container is not less 
than one-half of the amount that would 
be paid on the return of the empty con- 
tainer, 

if section 3 were applicable to the return of such 
empty Class 1 containers. 



342 



ENVIRONMENTAL PROTECTION 



Reg. 299 



(5) Notwithstanding section 6, a person who sells or 
offers for sale a carbonated soft drink under subsection 
(2), when presented with an empty Class 1 or Class 5 
container that, when sold at retail contained the brand 
of carbonated soft drink sold by such person under 
subsection (2), shall, 

(a) accept such container provided it is intact 
and in a reasonably clean condition ; and 

{b) pay to the person presenting such container 
an amount in cash not less than the full 
deposit charged in respect of such con- 
tainer under clause (2) (c) and subsection 
(4). O. Reg. 146/77, s. 6, part. 

(6) Every retail vendor who sells or offers for sale 
carbonated soft drinks under subsection (2) shall 
clearly display on his retail premises a notice stating: 

"Regulations of the Province of Ontario under the 
Environmental Protection Act provide that a cash 
refund of the full deposit will be paid fur each 
intact and reasonably clean refillable container of 
the brand of carbonated soft drink sold here.", 

instead of the notice referred to in subsection 8 
jl). O. Reg. 146/77, s. b,part; O. Reg. 811/77, s. 1. 

(7) A retail vendor who is required to display 
the notice referred to in subsection 6 may, in addition, 
display the following notice : 

"Les fuglemen ts relatifs a la Loi sur la 
protection de I'environnement stipulent que 
pour les boissons gazeuses vendues ici, chaque 
contenant consigne rendu intact et raisonnable- 



ment propre de fa<;on qu'il peut resservir, doit 
Stre rembours^ int^gralement et en especes." 
O. Reg. 146/77, s. 6, />ar<. 

15. Where a brand of carbonated soft drink is not 
distributed in Ontario in 1.5 litres containers except by 
retail vendors, 

(a) a retail vendor who offers to sell that brand 
of carbonated soft drink in Class 3 containers 
of any capacity from 600 millilitres to one 
litre where the container was filled with 
the carbonated soft drink prior to the 1st day 
of October, 1979, notwithstanding the provi- 
sion of clause 11(1) (a) relating to the stock- 
ing and offering for sale of carbonated soft 
drinks in Class 1 containers of the same 
capacity, is not required to stock or offer for 
sale that brand of carbonated soft drink in 
Class 1 containers of a corresponding capac- 
ity; 

{b) subsection 12 (1) does not apply to prevent 
the sale of that brand of carbonated soft 
drink in a Class 3 container of any capacity 
from 600 millilitres to one litre where the 
container was filled with the carbonated soft 
drink prior to the 1st day of October, 1979; 
and 

(c) subsection 13 (2) does not apply to prevent 
the sale of that brand of carbonated soft 
drink in a Class 1 container having a capacity 
of one litre where the container was filled with 
the carbonated soft drink prior to the 1st day 
of January, 1980. O. Reg. 524/79, s. 1; 
O. Reg. 600/79, s. 1; O. Reg. 765/79, s. 1. 



Reg. 300 



ENVIRONMENTAL PROTECTION 



343 



REGULATION 300 



under the En\ironmental Protection Act 



CONTAINERS FOR CARBONATED 
SOFT DRINKS 

1. Containers are classified as follows : 

1. Class 1 — containers, 

i. that are not class 2, 3, 4, 5 or 6 
containers, 

ii. that are sealed or intended to be 
sealed, and 

iii. in which carbonated soft drinks under 
pressure are sold or are intended to be 
sold. 

Class 2 — containers, 

i. that contain or are intended to contain 
a product or products sold or intended 
for sale, 

ii. that will be accepted for re-use as 
containers by retail vendors, dis- 
tributors, processors or the manufac- 
turer or manufacturers of the product 
or products, 

iii. for which a deposit is or will be 
charged at the time of sale of the 
product or products at retail, and 

iv. for which, as used containers, money 
or money's worth will be paid or given 
by retail vendors, distributors, pro- 
cessors or the manufacturer or 
manufacturers of the product or 
products. 



3. Class 3 — containers that are cylindrical cans 
that each have, 

i. a body and at least one end made of 
steel, and 

ii. a label or marking indicating that a 
can contains a stated amount that is 
not less than 280 millilitres and not 
more than 300 millilitres. 

4. Class 4— containers that are glass bottles 
that each have a label or marking in- 
dicating that the bottle contains a stated 
amount that is not more than 1.5 litres. 

5. Class 5 — containers, 

i. that are used or intended for use to 
contain a product in bulk, 

ii. that are for use in connection with soft 
drink dispensing machines, and 

iii. that are accepted for re-use as con- 
tainers by retail vendors, distributors, 
processors or the manufacturer or 
manufacturers of the product. 

6. Class 6 — containers that contain or are 
intended to contain containers. O. Reg. 
998/75, s. 1; O. Reg. 810/77, s. 1; O. Reg. 
398/80, s. 1. 



2. No person shall use or sell for use in Ontario 
a Class 1 container. O. Reg. 998/75, s. 2. 



Reg. 301 



ENVIRONMENTAL PROTECTION 



345 



REGULATION 301 

under the Environmenta) Protection Act 



COPPER CLIFF SMELTER COMPLEX 

L This Regulation applies to Inco Limited and to 
emissions of sulphur dioxide from the Copper Cliff 
Smelter Complex of Inco Limited in The Regional 
Municipality of Sudbury. O. Reg. 712/80, s. 1. 

2. In this Regulation, 

(a) "ton" means a short ton; 

0) "working day" means any day on which a 
process unit of the Copper Cliff Smelter Com- 
plex receives sulphur-bearing process feed 
material and emits any sulphur dioxide to the 
atmosphere. O. Reg. 712/80, s. 2. 

3.— -(1) Emissions during each of the four periods, 
each beginning on the 2nd day of September, 1980 and 
respectively ending at the end of the third and fourth 
calendar quarters of 1980, and the first and second 
calendar quarters of 1981, shall not exceed, in the 
average, 2,500 tons per working day. 



(2) Emissions during each twelve-month period 
respectively ending at the end of the third and fourth 
calendar quarters of 1981, each calendar quarter of 
1982 and the first three calendar quarters of 1983, shall 



not exceed, in the average, 2,500 tons per working 
day. 

(3) Emissions during each twelve-month period 
ending at the end of the fourth calendar quarter of 1 983 
and each calendar quarter thereafter shall not exceed, 
in the average, 1,950 tons per working day. 

(4) For purposes of subsections (1), (2) and (3), the 
amount of sulphur dioxide emitted on any working day 
for which an accurate record is kept shall be the 
amount so recorded and for which an accurate record 
is not kept shall be deemed to be the greater of, 

(a) the number of tons that can be established to 
have been emitted; or 

(b) 2,500 tons for a working day up to the 31st 
day of December, 1982 and 1,950 tons for a 
working day after the 31st day of December, 
1982. 

(5) Where, in the average, emissions exceed 2,500 
tons per working day with respect to any period re- 
ferred to in subsection (1), there shall be deemed to be 
no contravention of subsection (1) in respect of that 
period if, in the average, emissions per working day 
for a period of twelve months ending at the end of that 
period do not exceed 2,500 tons. O. Reg. 712/80, 
s. 3. 



Reg. 302 



ENVIRONMENTAL PROTECTION 



347 



REGULATION 302 



under the Hnvironinental Protection Act 



CROWN WASTE DISPOSAL SITES 

1. In this Regulation, 

(a) "Crown waste disposal site" means, 

(i) any waste disposal site for the treat- 
ment or disposal of waste in the Town 
of Haldimand in The Regional 
Municipality of Haldimand-Norfolk 
on any part of lots 10 to 21, Conces- 
sion 4 or lots 10 to 21, Concession 5 in 
the former Township of South 
Cayuga, and 

(ii) any waste disposal site established on 
land owned or occupied by Her 
Majesty the Queen in right of Ontario 
or any agent thereof for purposes of 
collecting waste for trans-shipment to 
a waste disposal site at a location refer- 
red to in subclause (i); 

(6) "sewage" means, 

(i) liquid waste, including liquid indus- 
trial waste, received at a South Ca\ uga 
Sewage Works by sewer, motor 
vehicle or other means for treatment or 
disposal, and 



(ii) waste contaminated by liquid waste 
that is received at a South Cayuga 
Sewage Works by sewer, motor 
vehicle or other means for treatment or 
disposal; and 

(c) "South Cayuga Sewage Works" means any 
works from time to time established in the 
Town of Haldimand in The Regional Munici- 
pality of Haldimand-Norfolk on any part of 
lots 10 to 21, Concession 4 or lots 10 to 21, 
Concession 5 in the former Township of 
South Ca\ uga for purposes of receiving and 
treating or disposing of liquid waste and 
waste contaminated by liquid waste. O. 
Reg. 1121/80. s. 1. 

2. Crown waste flisposal sites are classified as a 
class of waste disi)osal sites an<l are exempt from sec- 
tion 30 of the Act. O. Reg. 1121/80, s. 2. 

3. Ever> per.son who is the Director in respect of 
.section 30 of the Act is classified as a class of persons 
and is exempt from the requirement to hold a hearing 
under subsection 30 (1) of the Act. O. Reg. 1121/80, 
s. 3. 

4. Sewage is designated as a waste and is exempt 
from Part V of the Act. O. Reg. 1121/80, s. 4. 



Reg. 303 



ENVIRONMENTAL PROTECTION 



349 



REGULATION 303 



under the Kn\ironmental Protection Act 



DEEP WELL DISPOSAL 

INTERPRETATION 

1. In this Regulation, 

(a) "barrel" means 35 standard Canadian 
gallons as defined by the Weights and 
Measures Ad (Canada) ; 

(6) "deep well disposal" means the discharge 
of liquid waste into a geological forma- 
tion by means of a well ; 

(c) "Detroit River Group" means the geo- 
logical formations generally known as 
the Detroit River Group of formations 
of Devonian age ; 

(d) "liquid industrial waste" means liquid 
waste that results from industrial pro- 
cesses or manufacturing or commercial 
operations ; 

{e) "lost circulation zone" means a zone 
within a geological formation generally 
known by this name and into which wastes 
can be discharged without positive in- 
jection pressure at the surface; 

(/) "oil field brine" means brine produced in 
association with oil and pas drilling and pro- 
duction operations that are controlled under 
the Petroleum Resources Act; 

(g) "surface facilities" means storage or treat- 
ment facilities provided at the disposal 
site for liquid waste before discharge into 
the subsurface and includes piping, pumps, 
valves, tankage, instrumentation and other 
equipment. O Reg. 152/73, s. 1. 

DESIGNATION AND EXEMPTION OF WASTES 

2. The following is designated a waste: 
Oil field brine. O. Reg. 1 52/73, s. 2. 

3. The following waste is exempted from the Act 
and this Regulation ; 

Oil field brine. O Reg 152/73. s. 3. 

CLASSIFICATION OF WASTE DISPOSAL SITE 

4. The following is classified as a waste disposal 
site: 



Deep well disposal site. O. Reg. 152/73, s. 4. 

STANDARDS FOR DEEP WELL DISPOSAL SITES 

5. The following are prescribed as standards for 
the location, maintenance and operation of a deep 
well disposal site : 

1. Access roads and on-site roads shall be 
provided so that vehicles hauling liquid 
industrial wastes to and on the site, or 
vehicles necessary for the proper operation 
and maintenance of surface facilities pro- 
vided at the site, may travel readily on any 
day under all normal weather conditions. 

2. Such surface facilities shall be provided 
at the site as in the opinion of the Director 
are necessary for its proper operation. 

3. Where liquid industrial waste is hauled 
by tank truck or other container to the 
site, access to the site shall be limited to 
such time as an attendant is on duty. 

4. The site shall be enclosed to prevent entry 
by unauthorized persons and access to 
the property shall be by roadway closed 
by a gate capable of being locked. 

5. Procedures shall be established, signs posted 
and safeguards maintained for the pre- 
vention of accidents or spills at the site. 

6. All wells to be used for deep well disposal 
shall conform to the requirements of the Pet- 
roleum Resources Act and Regulation 752 of 
Revised Regulations of Ontario, 1980. 

7. Provision shall be made to contain spills 
resulting from the operations within the 
site and effectively prevent the egress of 
contaminants from the site. 

8. A monitoring program shall be required 
at the site for the protection of well water 
supplies. 

9. Where conditions or findings obtained 
from the monitoring program referred to 
in paragraph 8 indicate that further in- 
vestigation is necessary, observation wells 
shall be drilled into the receiving formation 
or into overlying fresh water horizons, 
and a further monitoring program 
established on the basis of information 
available from these new wells. 



350 



ENVIRONMENTAL PROTECTION 



Reg. 303 



10. Records for each month of operation 
shall be maintained by the operator of the 
site showing, 

i. the source, volume in barrels and 
chemical composition of all wastes 
received at the site, 

ii. the treatment provided, 

iii. the volume in barrels of wastes 
discharged into the well, 

iv. the minimum and maximum in- 
jection pressure and annulus pressure 
and the average and maximum rate 
of discharge, and 

V. the results of monitoring programs. 

11. On or before the 15th day of each month, 
the operator of the site shall report to the 
Director the information contained in "the 
records referred to in paragraph 10 in 
respect of the preceding month's operations. 

12. On or before the 15th day of February 
in each year, the operator of the site shall 
report to the Director a summary of all 
the information contained in the records 
referred to in paragraph 10 in respect of 
the preceding year's operations. O. Reg. 
152/73. s. 5. 



6. The following are prescribed as the rates of 
the fees for the disposal of wastes in a well that 
is a waste disposal site that shall be paid into 
The Waste Well Disposal Security Fund : 

1. For the cumulative total 
of brine disposed of in the 
well, 

up to and including 25 

million barrels V4^ per barrel 



more than 25 million 
barrels and up to and 
including 50 million 
barrels 



^^ per barrel 



more than 50 million 
barrels and up to and 
including 100 million 
barrels. . 1/20^ per barrel 

more than 100 million 
barrels and up to and 
including 200 million 
barrels 1/50^ per barrel 

more than 200 million 

barrels 1/100^ per barrel 

2. For the cumulative total 
of all waste other than 
brine disposed of in the 
well, 



up to and including 
100 thousand barrels. 

more than 100 thou- 
sand barrels and up to 
and including 500 
thousand barrels. . . . 



20^ per barrel 



10^ per barrel 



more than 500 thou- 
sand barrels 



5^ per bkrrel 
O. Reg. 231/74, s. 1. 



LOCATION OF SITES 

7. — (1) Subject to subsection (2), no deep well dis- 
posal site shall be located so as to allow any liquid 
industrial waste to be discharged into the Detroit River 
Group. 

(2) A deep well disposal site may be located so as to 
allow brine to be discharged into a lost circulation zone 
in the Detroit River Group, except into the lost circu- 
lation zone in the Detroit River Group within five 
miles of the St. Clair River. O. Reg. 232/74, s. 1. 



Reg. 304 



ENVIRONMENTAL PROTECTION 



351 



REGULATION 304 

under the Environmental Protection Act 



DESIGNATION OF WASTE 

1. In this Regulation, "site" means the site known as 
the Toronto Harbour Commissioners Constructed 
Dredged Storage Enclosure located on the south side 
of the Leslie Street spit in the City of Toronto. 
O. Reg. 849/80, s. 1. 

2. The contaminated sediments located in the 
Keating Channel and in the lower Don River in the 
City of Toronto are designated as a waste for the pur- 
poses of clause 24 (d) of the Act. O. Reg. 849/80, s. 2. 

3. The waste designated by section 2 is exempt from 
the provisions of section 30 of the Act so long as it is 
located at the locations referred to in section 2 or is 
being removed and transported to or stored at the 
site. O. Reg. 849/80, s. 3. 



4. The exemption provided by section 3 is subject to 
the condition that the waste is not removed, transported 
to or stored at the site except pursuant to a certificate of 
approval or provisional certificate of approval issued 
under Part V of the Act for the use, operation, estab- 
lishment, alteration or enlargement of the site that pro- 
hibits the disposal of waste at the site after, 

(a) the 31st day of May, 1981, unless an 
environmental assessment has been submit- 
ted under the first condition of an exemption 
order made under section 29 of the Environ- 
mental Assessment Act and being Ontario 
Regulation 780/80; and 

(b) the 31st day of March, 1982, except in 
accordance with an approval issued under 
the Environmental Assessment Act. O. Reg. 
849/80, s. 4. 



Reg. 305 



ENVIRONMENTAL PROTECTION 



353 



REGULATION 305 



under the Knvironmental Protection Act 



DISCHARGE OF SEWAGE FROM PLEASURE 
BOATS 

1. In this Regulation, 

(a) "pleasure boat" means a boat used primarily 
for the carriage of a person or persons for 
pleasure, whether on charter or not, and 
whether for compensation or not, and 
includes a boat used on water for living pur- 
poses; 

(b) "sewage" means organic and inorganic 
waste, and includes fuel, lubricants, litter, 
paper, plastics, glass, metal, containers, 
bottles, crockery, rags, junk or similar 
refuse or garbage, and human excrement, 
but does not include, 

(i) liquid wastes, free of solids, from 
water used in a pleasure boat for 
household purposes, or 

(ii) exhaust wastes, cooling water and 
bilge water from a pleasure boat ; 

(c) "storage equipment" means equipment 
of a design and construction suitable 
for the storage or the incineration and 
storage of human excrement in a pleasure 
boat including such equipment that is an 
integral part of a toilet ; 

{d) "toilet", in relation to a pleasure boat, 
means equipment designed or used for de- 
fecation or urination by humans. R.R.O. 
1970, Reg. 644, s. 1; O. Reg. 419/74, s. 1. 

2. No person shall discharge or deposit, or cause 
or permit to be discharged or deposited, into any 
water, sewage from a pleasure boat. R.R.O. 
1970, Reg. 644. s. 2. 



3. The owner and the operator of every pleasure 
boat in which a toilet is installed shall ensure that, 
while the boat is on water, 

(a) the boat is equipped with storage equip- 
ment ; and 

(b) such toilet and storage equipment are 
installed so as to be non-portable. R.R.O. 
1970, Reg. 644, s. 3; O. Reg. 419/74, s. 2. 

4. The owner of a pleasure boat in which a 
toilet or toilets and storage equipment are installed 
shall ensure that each toilet and the storage 
equipment are installed so that, 

(a) the toilet and equipment are connected in 
such a manner that the equipment receives 
all toilet waste from the toilet ; 

(6) equipment designed for the storage of 
human excrement is provided with a deck 
fitting and such connecting piping as is 
necessary for the removal of toilet waste 
by shore-based pumping equipment; 

(c) no means of removal of toilet waste is pro- 
vided other than the means mentioned in 
clause (b); 

{d) equipment designed for the incineration and 
storage of human excrement is suppHed with 
such electrical current or other source of 
heat as is necessary to reduce to ash all 
excrement deposited therein ; and 

(e) all parts of the system for removal of toilet 
waste are congruent with one another and 
the boat. R.R.O. 1970, Reg. 644, s. 5; 
O. Reg. 419/74, s. 4. 



Ash 



Reg. 306 



ENVIRONMENTAL PROTECTION 



355 



REGULATION 306 



under the Hnvironmental Protection Act 



DISPOSABLE CONTAINERS FOR MILK 



1. In this Regulation, 
means a container, 



"disposable container" 



{a) that is used to contain a product or products 
sold or intended for sale and that will 
not be accepted for reuse as a container 
and refilled with the same product or 
products by a manufacturer, processor, 
distributor or retail vendor of the product 
or products; or 

(b) for which no deposit is or will be charged 
at the time of sale of the product or 
products at retail and for which, as a used 
container, no money or money's worth will 
be paid or given by a manufacturer, pro- 
cessor, distributor or retail vendor of the 
product or products sold or intended for 
sale in the container. O. Reg. 368/72, s. 1. 



2. Disjx)sable containers, other than, 

(a) plastic film pouches ; 

(6) coated paper containers; and 

(c) any disposable container having a capacity 
of less than one pint, 



in which fluid milk products are or are intended 
to be sold are classified as disposable containers for 
milk. O. Reg. 368/72, s. 2. 

3. No person shall use a disposable container for 
milk as a container for a fluid milk product that is 
or is intended to be sold for consumption off the 
premises of the retail vendor of the fluid milk 
product. O. Reg. 368/72, s. 3. 



Reg. 307 



ENVIRONMENTAL PROTECTION 



357 



REGULATION 307 

under the Environmental Protection Act 



DISPOSABLE PAPER CONTAINERS 
FOR MILK 

1. In this Regulation, "disposable container" 
means a container, 

(a) that is used to contain a product or prod- 
ucts sold or intended for sale and will not 
be accepted for reuse as a container and 
refilled with the same product or products 
by a manufacturer, processor, distributor 
or retail vendor of the product or products ; 



(b) for which no deposit is or will be charged 
at the time of sale of the product or prod- 
ucts at retail and for which, as a used con- 
tainer, no money or money's worth will be 
paid or given by a manufacturer, processor. 



distributor or retail vendor of the product 
or products sold or intended for sale in the 
container. O. Reg. 533/72, s. 1. 

2. Notwithstanding section 2 of Regulation 306 of 
Revised Regulations of Ontario, 1980, disposable 
containers, 

(a) that are plastic coated paper containers of 
more than two quarts capacity; and 

(6) in which fluid milk products are or are 
intended to be sold, 

are classified as disposable paper containers for 
milk. O. Reg. 533/72, s. 2. 

3. No person shall use a disposable paper con- 
tainer for milk. O. Reg. 533/72, s. 3. 



Reg. 308 



ENVIRONMENTAL PROTECTION 



359 



REGULATION 308 

under the Environmental Protection Act 



GENERAL— AIR POLLUTION 

INTERPRETATION 

1. In this Regulation, 

(fl) "air pollution episode" means an occasion 
when air contamination is at such a level 
and for such a period of time that the air 
contamination may become the cause of 
increased human sickness and mortality ; 

(b) "air pollution index" means a series of num- 
bers expressing the relative levels of air pol- 
lution and taking into consideration one or 
more air contaminants ; 

(c) "equipment" includes apparatus, device, 
mechanism or structure; 

(d) "fuel burning equipment" includes equip- 
ment designed to burn fuel but does not 
include an internal combustion engine; 

(e) "highway" means highway as defined in sub- 
section 1 (1) of the Highway Traffic Act; 

(f) "incinerator" includes equipment used for 
the burning of waste ; 

ig) "opacity" means, 

(i) the color of a visible emission in 
shades of grey to black, or 

(ii) the degree to which a visible emission 
obstructs the passage of light ; 

(A) "point of emission" means the point at 
which a contaminant enters the natural 
environment ; 

(t) "visible emission" means any contaminant 
which can be detected by the naked eye. 
R.R.O. 1970, Reg. 15, s. 1 ; O. Reg. 
873/74, s. 1. 

APPLICATION 

2. The Act and this Regulation apply to all areas 
within Ontario. R.R.O. 1970, Reg. 15, s. 2. 



EXEMPTIONS 

3, The following sources of contaminant are classes 
for which the approval of the Director as to the 



plans and specifications is not required under 
section 8 of the Act: 

1. Fuel burning equipment used for the 
purpose of comfort heating in a building 
using natural gas or No. 2 oil at a rate of 
less than 1 .5 million British Thermal Units 
per hour. 

2. Equipment for the preparation of food in 
a domestic residence. 

3. Fuel burning equipment used solely for 
the purpose of comfort heating in a 
dwelling used for the housing of not more 
than three families. 

4. Equipment for construction or maintenance 
of a highway while the equipment is being 
used on the highway. O. Reg. 873/74, s. 2. 

AIR POLLUTION INDEX 

4. — (1) The Ministry may prepare an index 
to be known as the "Air Pollution Index" for any 
area in Ontario, from time to time. 

(2) Where the air pollution index for an area 
indicates increasing air pollution that may lead to an 
air pKjIlution episode, the Minister, in consultation 
with the Minister of Health, may order curtailment 
of the operation of sources of air pollution in the 
manner described in subsections (3) and (4). 

(3) Where the air pollution index reaches the num- 
ber 32, designated as Air Advisory Level, and meteoro- 
logical forecasts indicate a six hour prolongation of 
atmospheric conditions conducive to sustained or 
increased air pollution levels, the Minister may require 
owners or operators of sources of air pollution to make 
preparation for the curtailment of such operations 
as are specified by the Minister. 

(4) Where the air pollution index reaches the num- 
ber 50, designated as First Air Pollution Alert, and 
meteorological forecasts indicate a six hour prolonga- 
tion of atmospheric conditions conducive to sustained 
or increased air pollution levels, the Minister may 
require owners or operators of sources of air pollution 
to curtail such operations as are specified by the 
Minister. R.R.O. 1970. Reg. 15, s. 4. 

CONTROL OF AIR CONTAMINANTS 

5. — (1) The maximum concentration of a con- 
taminant set out in Column 1 of Schedule 1 at a 



360 



ENVIRONMENTAL PROTECTION 



Reg. 308 



point of impingement from a source of contaminant, 
other than a motor vehicle, shall not be greater 
than the concentration set out opposite thereto in 
Column 3 of Schedule 1, expressed in the unit of 
concentration set out opposite thereto in Column 
2 of Schedule 1. 

(2) The concentration of a contaminant at a point 
of impingement may be calculated in accordance 
with the Appendix. 

(3) No person shall cause or permit the concentra- 
tion of a contaminant at a point of impingement 
to exceed the standard prescribed in Schedule 1. 
O. Reg. 873/74, s. 3, part. 

6. No person shall cause or permit to be caused 
the emission of any air contaminant to such extent or 
degree as may, 

(a) cause discomfort to persons ; 

(6) cause loss of enjoyment of normal use of 
property ; 

(c) interfere with normal conduct of business; or 

{d) cause damage to property. R.R.O. 1970, 
Reg. 15, s. 6. 

7. — (1) The Ministry shall prepare a chart to be 
known as the "Visible Emission Chart of the 
Province of Ontario". 

(2) The Visible Emission Chart of the Province 
of Ontario shall consist of two one-inch squares on 
a white background such that, 

(a) the area within the square designated as 
number 1 shall have black dots or lines 
evenly spaced such that approximately 
twenty per cent of the area is black; 

(6) the area within the square designated as 
number 2 shall have b^ack dots or lines 
evenly spaced such that approximately 
forty per cent of the area is black. 

(3) For the purpose of enforcing the Act and 
this Regulation no person other than a provincial 
officer who has been trained by the Ministry in 
the identification of opacity shall determine the 
opacity of a visible emission. O. Reg. 873/74, 
s. 3, part. 

8. — (1) Subject to subsection (2), no person shall 
cause or permit to be caused a visible emission, 

(a) having shades of grey darker than number 
1 on the Visible Emission Chart of the 
Province of Ontario at the point of emis- 
sion ; or 



{b) that obstructs the passage of light to a 
degree greater than twenty per cent at 
the point of emission. 

(2) A visible emission from a source of combustion 
employing solid fuel may, 

(a) be in shades of grey darker than number 
1, but not darker than number 2 on the 
Visible Emission Chart of the Province of 
Ontario at the point of emission; or 

(b) obstruct the passage of light to a degree 
greater than 20 per cent but no greater 
than 40 per cent at the point of emission, 

for a period of not more than four minutes in the 
aggregate in any thirty-minute period. O. Reg. 
873/74, s. 3, part. 

9. Where at any stationary source of air pollution 
a failure to operate in the normal manner or a change 
in operating conditions occurs, or a shut-down of the 
source or part thereof is made for some purpose, 
resulting in the emission of air contaminants that 
may result in quantities or concentrations in excess 
of those allowed in sections 5, 6 and 8, 

(a) the owner or operator of the source of air 
pollution shall, 

(i) immediately notify a provincial 
officer and furnish him with parti- 
culars of such failure, change or shut- 
down, and 

(ii) furnish the provincial officer with the 
particulars in wtiting, as soon as is 
practicable, of such failure, change or 
shut-down ; and 

(6) the provincial officer, where he considers it 
advisable, may authorize, in writing, the 
continuance of such operation for such 
period of time as he considers reasonable 
in the circumstances and may impose upon 
the owner or operator such terms and 
conditions for such continued operation 
as he considers necessary in the circum- 
stances. R.R.O. 1970, Reg. 15, s. 9. 

10. — (1) No person shall burn or permit to be 
burned in any fuel burning equipment or incinerator 
any fuel or waste except the fuel or waste for the 
burning of which the equipment or incinerator was 
designed. 

(2) No person shall bum or f)ermit to be burned in 
any fuel burning equipment or incinerator any fuel or 
waste at a greater rate than that rate for which the 
equipment or incinerator was designed. R.R.O. 
1970, Reg. 15, s. 10. 



Reg. 308 



ENVIRONMENTAL PROTECTION 



361 



11. Except for heat, sound, vibration or radiation, 
no person shall, 

(a) construct, alter, demolish, drill, blast, 
crush or screen anything or cause or permit 
the construction, alteration, demolition, 
drilling, blasting, crushing or screening of 
anything so that a contaminant is carried 
beyond the limits of the property on 
which the construction, alteration, demoli- 
tion, drilling, blasting, crushing or screen- 
ing is being carried out ; or 

(b) sandblast or permit the sandblasting of 
anything so that a contaminant is emitted 
into the air, 

to an extent or degree greater than that which 
would result if every step necessary to control the 
emission of the contaminant were implemented. 
O. Reg. 873/74. s. 4. 

12. — (1) No person shall operate or permit the 
operation of, 

(o) an apartment incinerator, domestic inciner- 
ator, multiple chamber incinerator or 
starved air incinerator burning domestic 
waste; 



(b) a multiple chamber incinerator or a starved 
air incinerator burning solid industrial 
waste; 

(c) an incinerator burning liquid industrial 
waste, industrial slurries or sludges, sewage 
sludges or slurries, gaseous wziste, organic 
vapour or fume; or 

(d) a municipal incinerator burning solid wjiste 
or sludges, 

that causes or is likely to cause a concentration in the 
combustion gases emitted into the natural environ- 
ment, of organic matter having a carbon content, ex- 
pressed as equivalent methane, being an average of 
ten measurements taken at approximately one minute 
intervals, greater than 100 parts per million by vol- 
ume, measured on an undiluted basis. 

(2) Subsection (1) does not apply to prohibit the 
operation of a catalytic incinerator. O. Reg. 834/80, 
s. 1. 

13. No person shall store, handle or transport any 
solid, liquid or gaseous material or substance in such 
manner that an air contaminant is released to the 
atmosphere. R.R.O. 1970, Reg. IS. s. 12. 



362 ENVIRONMENTAL PROTECTION Reg. 308 

Appendix 

1. In this Appendix, wherever the height of a building or structure is referred to, there shall 
not be included in calculating such height the height of any flagpole, aerial or stack designed 
for venting emissions. 

2. The concentration of a contaminant at a point of impingement shall be calculated as follows: 

(a) where the point of impingement is located on the building or structure or is within 
live metres horizontally of the building or structure on which the point of emission 
is located, and, 

(i) the height above grade at the point of emission is less than twice the height of the 
highest part of the building or structure on which the point of emission is 
located where the highest part of the building or structure is at a height of 
not more than twenty metres above grade, 
(see figures 1 and 2) 

(ii) the height of the highest part of the building or structure on which the point 
of emission is located is greater than twenty metres above grade and the point 
of emission is less than twenty metres above the highest part of the building 
or structure on which it is located, or 
[see figure 3) 

(iii) there is a building or structure upwind from the point of emission such that, 

a. the height above grade of the building or structure is greater than the 
height above grade at the point of emission, and 

b. the building or structure is a horizontal distance of 100 metres or less 
from the point of emission, 

[see figures 4 and 5) 

the following formula shall be applied: 
(see notes 1 and 2) 

0.6 X 10« X Q 



K = 



U 



Where: K is the half hour average concentration at the point of impingement in 
micrograms per cubic metre, 

Q is the rate of emission in grams per second of the contaminant, 

L is, 

(i) where the point of impingement is at the same height or higher above 
grade than the point of emission, the straight line distance in metres 
between the point of emission and the point of impingement, or 

(ii) where the point of impingement is lower in height above grade than 
the point of emission, the product of 1.57 and the straight line distance 
in metres between the point of emission and the point of impingement. 

Notes: 1. Where a building or structure adjacent to the building or structure on which 
the point of emission is located is within five metres of that building or 
structure, it shall be treated as being part of the building or structure on 
which the point of emission is located. 

2. Where K yields a value greater than the concentration of the contaminant at 
the point of emission, the concentration of the contaminant at the point of 
emission shall be deemed to be the value of K. 

(b) where the point of impingement is a horizontal distance of five metres or more from 
the building or structure on which the point of emission is located and. 



Reg. 308 ENVIRONMENTAL PROTECTION 363 

(i) the height above grade at the point of emission is less than twice the height 
of the highest part of the building or structure on which the p>oint of emission 
is located where the highest part of the building or structure is at a height of 
not more than twenty metres above grade, 
(see figures 6 and 7) 

(ii) the height of the highest part of the building or structure on which the point 
of emission is located is greater than twenty metres above grade and the point 
of emission is less than twenty metres above the highest part of the building or 
structure on which it is located, or 
{see figure 8) 

(ill) there is a building or structure upwind from the point of emission such that, 

1. the height above grade of the building or structure is greater than the 
height above grade at the point of emission, and 

2. the building or structure is a horizontal distance of 100 metres or less 
from the point of emission, 

(see figures 9 and 10) 

the following formula shall be applied : 
(see notes 1 and 3) 



K=.;^^4*^x.p[-^g)-].{e.[->f-^y].e.[-^(-H)-]} 



10* X Q X F 
31.4 X 6y X 62 



Where: K is the half hour average concentration of the contaminant at the point of 
impingement in micrograms per cubic metre 

Q is the rate of emission in grams per second of the contaminant 
(see note 2) 

exp is the exponential function where e = 2.7183 

Y is the perpendicular distance in metres between the point of impingement 
and a vertical plane parallel to the chosen direction of the wind through 
the wind-oriented centre of the building or structure on which the point of 
emission is located 
(see figures 11 and 12) 
(see notes 4 and 5) 

Z is the difference in height, in metres, between the point of impingement 
and the ground level at or beneath the point of impingement 

H is a function of the height, in metres, above grade of the building or structure 
on which the point of emission is located 

F is a factor related to the atmospheric stability of the air 

6y is a function which defines the amount of dispersion of the contaminant 
in a horizontal direction at the point of impingement 

6z is a function which defines the amount of dispersion of the contaminant in 
a vertical direction at the point of impingement 

Determination of K 1. Two values for K shall be determined using the formula in clause (6). 

2. The maximum value obtained for K shall be applied in this Regulation. 

Value number 1 for K is determined as follows : 

H is 0.67 times the height, in metres, above grade of the building or structure 
on which the point of emission is located 

F is 0.6 



364 ENVIRONMENTAL PROTECTION Reg. 308 

6y is determined as follows : 

/s' -A 

y 4 3 where A is the greatest width, in metres, presented to the wind by 
the building or structure on which the point of emission is located, measured 
horizontally and perpendicularly to the direction of the wind 
{see figure 13) 

where 6y is equal to or less than 243.45 

1.08172 
calculate Xy = 6.554 6y 

where 6y is greater than 243.45 

1.14616 
calculate X^ = 4.524 6y 

and calculate 

Xy = G + Xy where G is the horizontal distance, in metres, between the 
wind-oriented centre of the building or structure on which the point of 
emission is located and the line where vertical planes, one through the wind- 
oriented centre of the building or structure on which the point of emission is 
located and parallel to the chosen direction of the wind, and the other 
through the point of impingement, meet at right angles. 
(see figure 14) 
{see note 6) 

where the value of Xy is equal to or less than 2500 

0.92445 
calculate 6y = 0.176 Xy 

where the value of Xy is greater than 2500 

0.87248 
calculate 6y = 0.268 Xy 

6z is determined as follows : 

B 

2 15 ^here B is the height above ground in metres of the highest part 
of the building or structure on which the point of emission is located. 

where 6z is equal to or less than 141.41 

1.08783 
calculate X^ = 12.027 6^^ 

where 6'z is greater than 141.41 

1.10419 
calculate Xz = 10.418 6z 

and calculate Xz = G + Xz where G has the same value for G as used in 
the equation 

Xy = G + X^ 

Where the value of Xz is equal to or less than 2500 

0.91926 
calculate 6z = 0.106 Xz 

where Xz is greater than 2500 

0.90564 
calculate 6^ = 0.120 Xz 



Reg. 308 ENVIRONMENTAL PROTECTION 365 

Value number 2 for K is determined as follows: 

Where: H is 0.67 times the height in metres above grade of the building or structure on 
which the point of emission is located 

F is 0.8 

6y is determined as follows : 
,, _ A 

y " 4 3 where 6y has the same value as 6y determined for value number 1 
for K 

where 6y is equal to or less than 49.01 

1.07455 
calculate X'^ = 10.686 6' 

where 6y is greater than 49.01 and less than 409.32 

1.08889 
calculate X' = 10.020 6' 

^ y 

where 6y is equal to or greater than 409.32 

1.15556 
calculate X' = 6.760 6' 

\ y 

and calculate 

Xy = G + Xy where G has the same value for G determined for value 

number 1 for K 

where the value of Xy is equal to or less than 700 
0.93062 

calculated = 0.110 X,, 
y ^ 

where Xy is greater than 700 and less than 7000 

0.91837 

calculate 6 = 0.120 X,, 
y ^ 

where X., is equal to or greater than 7000 

0.86538 
calculate 6 = 0.191 X,, 

y ^ 

67, is determined as follows . 

.> _ B 

2 15 where B is the vertical height above grade of the highest part of 
the building or structure on which the point of emission is located. 

where d'z is equal to or less than 24.64 

1.16918 

calculate X' = 16.524 6' 
Z z 

where 635 is greater than 24.64 and less than 1 10.75 

1.53965 

calculate X' = 4.984 6' 
Z z 

where 62 is equal to or greater than 1 10.75 

1.85677 
calculate X'z = 1 .090 6'z 



366 ENVIRONMENTAL PROTECTION Reg. 308 

and calculate 

Xz = G + Xz where G has the same value for G determined for value 
number 1 for K 

where Xz is equal to or less than 700 

0.8553 
calculate 6^ = 0.091 Xz 

where X^ is greater than 700 and less than 7000 

0.6495 
calculate 6^ = 0.352 Xz 

where Xz is equal to or greater than 7000 

0.53857 
calculate 6z = 0.955 Xz 

Notes: 1. Where a building or structure adjacent to the building or structure on which 
the point of emission is located is within five metres of that building or 
structure, it shall be treated as being part of the building or structure on 
which the point of emission is located. 

2. Where a situation exists as described in subclauses i, ii and iii of clause b all 
points of emission of a contaminant shall be considered as if the total 
emission comes from the building such that the building itself is a point 
of emission. 

3. Where K yields a value greater than the concentration of the contaminant 
at the point of emission, the concentration of the contaminant at the point 
of emission shall be deemed to be the value of K. 

4. The wind-oriented centre of a building or structure is obtained by circum- 
scribing the plan view of the building or structure with the smallest possible 
rectangle, two sides of which are parallel to the chosen wind direction, and 
the intersection of the diagonals of this rectangle is the wind-oriented centre. 
(see figure 11) 

5. Where an emission or emissions is from only one building or structure, the 
wind direction shall be that direction that is parallel to a line joining the 
wind-oriented centre of the building or structure and the point of impingement 
and the value of the exponential expression involving Y is one. 

(In such a situation the value of Y becomes zero) 

6. Where emissions from only one building or structure are being evaluated the 
wind direction shall be so chosen that the value of G is the horizontal 
distance in metres between the point of impingement and a vertical line 
through the wind-oriented centre of the building or structure on which the 
point of emission is located. 

{see figure 15) 

(c) where the point of emission is not affected by any of the conditions described in sub- 
clauses i, ii or iii of clause a or subclauses i, ii or iii of clause b, the following formula shall 
be applied : 
{see figures 16, 17, 18 and 19) 



^ 10* X Q X F 
~ 6.28 X 6y X 6z X 



u><-p[-^(jyy]^{-p[-i(v^j]^''p["H^)l} 



Where: K is the half hour average concentration of the contaminant at the point of 
impingement in micrograms per cubic metre 



Reg. 308 



ENVIRONMENTAL PROTECTION 



367 



Q is the rate of emission in grams per second of the contaminant 

U is the wind speed in metres per second 

exp is the exponential function where e = 2.7183 

Y is the straight line distance in metres between the point of impingement 
and a vertical plane through the point of emission in the chosen direction 
of the wind 
(see figure 20) 
{see note 3) 

Z is the difference in height, in metres, between the point of impingement and 
the ground level at or beneath the point of impingement 

H is the effective height of the emission of a contaminant 

F is a factor related to the atmospheric stability of the air 

6y is a function which defines the amount of dispersion of the contaminant in a 
horizontal direction at the point of impingement 

6z is a function which defines the amount of dispersion of the contaminant in a 
vertical direction at the point of impingement 

Determination of K 1. Two values for K shall be determined using the formula in clause c. 

2. The maximum value obtained for K shall be applied in this Regulation. 
(see note 1) 

Value number 1 for K is determined as follows: 



Where : U is the speed of the wind in metres per second 
(see note 2) 



H is determined as follows 
H = h + 



(^)x[l5 + 2.68'^--f^"'] 



Where : h is the height above grade, in metres, of the point of emission 

Vg is the speed in metres per second in an upward vertical direction of the 
contaminant gas stream at the point of emission to the atmosphere 
(see note 4) 

d is the diameter in metres of a circle of equivalent area to that area through 
which the contaminant gas stream enters the air 

u is the speed of the wind in metres per second 
(see note 5) 



Ts is the temperature in degrees Kelvin (273° + temperature in Degrees Celsius) 
of the contaminant gas stream at the point of emission 

F is 0.6 

6y is determined as follows: 

Calculate X where X is the horizontal distance in metres between the point 
of emission and the line where vertical planes, one through the point of 



368 ENVIRONMENTAL PROTECTION Reg. 308 

emission and parallel to the chosen direction of the wind and the other 
through the point of impingement, meet at right angles. 
{see figure 21) 
(see notes 6 and 7) 

Where the value of X is equal to or less than 2500 

0.92445 
6y = 0.176X 

When the value of X is greater than 2500 

""•'*^'' 0.87248 

6y = 0.268X 

6z is determined as follows: 

When the value of X is determined in the calculation of 6y is equal to or less 
than 2500 

0.91926 
6z = 0.106X 

When the value of X is greater than 2500 

0.90564 
6z = 0.120X 

(see note 8) 

Value number 2 for K is determined as follows : 

H has the same value for H as determined for value number 1 for K 

F is 0.8 

6y is determined as follows: 

Where X has the same value for X as determined for value number 1 for K 

Where the value of X is equal to or less than 700 

0.93062 
6y = 0.110 X 

Where the value of X is greater than 700 but less than 7000 

0.91837 
6y = 0.120 X 

Where the value of X is equal to or greater than 7000 

0.86538 
6y = 0.191 X 

6z is determined as follows: 

Where X has the same value as determined in the calculation of 6y 

Where X is equ£il to or less than 700 

0.8553 
6z = 0.091 X 



Reg. 308 ENVIRONMENTAL PROTECTION 369 

Where X is greater than 700 but less than 7000 

0.6495 
6z = 0.352 X 

Where X is equal to or greater than 7000^ 

0.53857 
6z = 0.955 X 

{see note 8) 

Notes: 1. Where K yields a value greater than the concentration of the contaminant 
at the point of emission, the concentration of the contaminant at the point 
of emission shall be deemed to be the value of K. 

2. The wind speed shall have a minimum value of 2.235 metres per second and 
a maximum value of 18.235 metres f)er second. A value of K shall be 
determined for wind speed increments of 0.5 metres per second until a 
maximum value of K is found. 

3. Where only a single point of emission is being evaluated the wind direction 
shall be so chosen that the value of Y becomes zero (therefore the value of 
exp expression containing Y becomes equal to one.) 

4. Where the value of vs is less than 7 metres per second the value of vg shall 
be zero. 

5. The value for u shall be consistent with the values substituted directly 
for u in the equation used for evaluating K. 

6. Where a single source of emission is being evaluated, the wind direction shall 
be so chosen that the value of X shall be the horizontal distance in metres 
between the point of impingement and a vertical line through the point of 
emission, {see figure 22) 

7. In the calculation of K at ground level, the value of X shaU be so chosen that 
the maximum value of K is found. 

8. For each point of impingement, for each wind direction chosen, and for each 
value of X, U shall be varied until the maximum value of K is found. 

{(i) where the emissions of a contaminant are from more than one source, the contaminant 
concentrations at the point of impingement, resulting from each individual source, for 
the conditions set out in clauses a, b and c shall be added together to give an aggregate 
value for K. 

The aggregate value of K shall be determined for all wind directions and all permissible 
wind speeds for value of K, where applicable. The largest aggregate K obtained shall 
be the value of K to apply in this Regulation. O. Reg. 873/74, s. 6. 



370 



ENVIRONMENTAL PROTECTION 



Reg. 308 







1 








t 


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POINT OF 
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\ AIR 
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a: 

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Reg. 308 



ENVIRONMENTAL PROTECTION 



371 




S3W±3W 02 NVHl 8831 
m 



o 

I- 

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ii 



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o 
a: 



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A 




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3 

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I- 

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372 



ENVIRONMENTAL PROTECTION 



Reg. 308 




Reg. 308 



ENVIRONMENTAL PROTECTION 



373 




374 



ENVIRONMENTAL PROTECTION 



Reg. 308 




ID 
UJ 

CD 
U. 



Reg. 308 



ENVIRONMENTAL PROTECTION 



375 











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a: 










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POINT(S) 

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376 



ENVIRONMENTAL PROTECTION 



Reg. 308 

















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Reg. 308 



ENVIRONMENTAL PROTECTION 



377 




378 



ENVIRONMENTAL PROTECTION 



Reg. 308 




Reg. 308 



ENVIRONMENTAL PROTECTION 



379 







380 



ENVIRONMENTAL PROTECTION 



Reg. 308 




N 


n 


1 \ 
1 \ 




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/ 




X 




/ 


\ 

\ 


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Reg. 308 



ENVIRONMENTAL PROTECTION 



381 



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382 



ENVIRONMENTAL PROTECTION 



Reg. 308 




Reg. 308 



ENVIRONMENTAL PROTECTION 



383 




384 



ENVIRONMENTAL PROTECTION 



Reg. 308 




Reg. 308 



ENVIRONMENTAL PROTECTION 



385 




386 



ENVIRONMENTAL PROTECTION 



Reg. 308 




Reg. 308 



ENVIRONMENTAL PROTECTION 



387 



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388 



ENVIRONMENTAL PROTECTION 



Reg. 308 




Reg. 308 



ENVIRONMENTAL PROTECTION 



389 




390 



ENVIRONMENTAL PROTECTION 



Reg. 308 




Reg. 308 



ENVIRONMENTAL PROTECTION 



391 




O. Reg. 873/74, s. 7, part. 



392 



ENVIRONMENTAL PROTECTION 



Reg. 308 



Schedule 1 



Item 


Column 1 


Column 2 


Column 3 


Name of Contaminant 


Unit of Concentration 


Concentration at Point 

of Impingement — Half 

Hour Average 


1. 


Acetic Acid 


Micrograms of acetic acid per cubic 
metre of air 


2.500 


2. 


Acetylene 


Micrograms of acetylene per cubic metre 
of air 


56,000 


3. 


Acetone 


Micrograms of acetone per cubic metre 
of air 


48,000 


4. 


Acrylamide 


Micrograms of acrylamide per cubic 
metre of air 


45 


5. 


Acrylonitrile 


Micrograms of acrylonitrile per cubic 
metre of air 


2,200 


6. 


Ammonia 


Micrograms of ammonia per cubic metre 
of air 


3,600 


7. 


Antimony 


Total micrograms of antimony in free 
and combined form per cubic metre of 
air 


75 


8. 


Arsenic 


Total micrograms of arsenic in free and 
combined form per cubic metre of air 


75 


9. 


Arsine 


Micrograms of arsine per cubic metre of 
air 


10 


10. 


Benzene 


Micrograms of benzene per cubic metre 
of air 


10,000 


11. 


Beryllium 


Total micrograms of beryllium in free 
and combined form per cubic metre of 
air 


0.03 


12. 


Boron Tribromide 


Micrograms of boron tribromide per 
cubic metre of air 


100 


13. 


Boron Trichloride 


Micrograms of boron trichloride per 
cubic metre of air 


100 


14. 


Boron Trifluoride 


Micrograms of boron trifluoride per 
cubic metre of air 


5.0 


15. 


Boron 


Total micrograms of boron in free and 
combined form per cubic metre of air 


100 


16. 


Bromine 


Micrograms of bromine per cubic metre 
of air 


70 


17. 


Cadmium 


Total micrograms of cadmium in free 
and combined form per cubic metre of 
air 


5.0 



Reg. 308 



ENVIRONMENTA.L PROTECTION 



393 



Item 


Column 1 


Column 2 


Column 3 


Name of Contaminant 


Unit of Concentration 


Concentration at Point 

of Impingement — Half 

Hour Average 


18. 


Calcium Hydroxide 


Micrograms of calcium hydroxide per 
cubic metre of air 


27 


19. 


Calcium Oxide 


Micrograms of calcium oxide per cubic 
metre of air 


20 


20. 


Carbon Black 


Micrograms of carbon black per cubic 
metre of air 


25 


21. 


Carbon Bisulphide 


Micrograms of carbon disulphide per 
cubic metre of air 


330 


22. 


Carbon Monoxide 


Micrograms of carbon monoxide per 
cubic metre of air 


6,000 


23. 


Carbon Tetrachloride 


Micrograms of carbon tetrachloride per 
cubic metre of air 


20,000 


24. 


Chlorine 


Micrograms of chlorine per cubic metre 
of air 


300 


25. 


Chlorine Dioxide 


Micrograms of chlorine dioxide per 
cubic metre of air 


85 


26. 


Chromium 


Total micrograms of chromium in free 
and combined form per cubic metre of 
air 


30 


27. 


Copper 


Total micrograms of copper in free and 
combined form per cubic metre of air 


100 


28. 


Cresols 


Micrograms of cresols per cubic metre 
of air 


230 


29. 


Decaborane 


Micrograms of decaborane per cubic 
metre of air 


50 


30. 


Detergent Enzyme 
(Subtilisin) 


Micrograms of subtilisin per cubic metre 
of air 


1.0 


31. 


Diborane 


Micrograms of diborane per cubic metre 
of air 


20 


32. 


Dicapryl Phthalate 


Micrograms of dicapryl phthalate per 
cubic metre of air 


100 


33. 


Dimethyl Disulphide 


Micrograms of dimethyl disulphide per 
cubic metre of air 


40 


34. 


Dimethyl Sulphide 


Micrograms of dimethyl sulphide per 
cubic metre of air 


30 


35. 


Dioctyl Phthalate 


Micrograms of dioctyl phthalate per 
cubic metre of air 


100 


36. 


Dustfall 


Micrograms per square metre 


8.000 



394 



ENVIRONMENTAL PROTECTION 



Reg. 308 



Item 


COIA.MN 1 


Column 2 


Column 3 


Name of Contaminant 


Unit of Concentration 


Concentration at Point 

of Impingement -Half 

Hour Average 


37. 


Ethyl Acetate 


Micrograms of ethyl acetate per cubic 
metre of air 


19,000 


38. 


Ethyl Acrylate 


Micrograms of ethyl acrylate per cubic 
metre of air 


4.5 


39. 


Ethyl Benzene 


Micrograms of ethyl benzene per cubic 
metre of air 


4,000 


40. 


Ethylene Oxide 


Micrograms of ethylene oxide per cubic 
metre of air 


28,500 


41. 


Ferric Oxide 


Micrograms of ferric oxide f)er cubic 
metre of air 


75 


42. 


Fluorides, 
(Gaseous) 
(April 15 to October 15) 


Micrograms of gaseous, inorganic fluo- 
ride per cubic metre of air expressed 
as hydrogen fluoride 


4.3 


43. 


Fluorides, 

(Total) 

(April 15 to October 15) 


Total micrograms of inorganic fluoride 
per cubic metre of air expressed as 
hydrogen fluoride 


8.6 


44. 


Fluorides, 

(Total) 

(October 16 to April 14) 


Total micrograms of inorganic fluoride 
per cubic metre of air expressed as 
hydrogen fluoride 


17.2 


45. 


Formaldehyde 


Micrograms of formaldehyde per cubic 
metre of air 


65 


46. 


Formic Acid 


Micrograms of formic acid per cubic 
metre of air 


1,500 


47. 


Furfural 


Micrograms of furfural per cubic metre 
of air 


1,000 


48. 


Furfuryl Alcohol 


Micrograms of furfuryl alcohol per cubic 
metre of air 


3,000 


49. 


Hydrogen Chloride 


Micrograms of hydrogen chloride per 
cubic metre 


100 


SO. 


Hydrogen Cyanide 


Micrograms of hydrogen cyanide per 
cubic metre of air 


1,150 


51. 


Hydrogen Sulphide 


Micrograms of hydrogen sulphide per 
cubic metre of air 


30 . 


52. 


Iron (metallic) 


Micrograms of metallic iron per cubic 
metre of air 


10 


53. 


Lead 


Total micrograms of lead in free and 
combined form per cubic metre of air 


10 


54. 


Lithium Hydrides 


Total micrograms of lithium hydrides 
per cubic metre of air 


7.5 



Reg. 308 



ENVIRONMENTAL PROTECTION 



395 



Item 


Column 1 


Column 2 


Column 3 


Name of Contaminant 


Unit of Concentration 


Concentration at Point 

of Impingement — Half 

Hour Average 


55. 


Lithium 


Total micrograms of lithium in other 
than hydride compounds per cubic 
metre of air 


60 


56. 


Magnesium Oxide 


Total micrograms of magnesium oxide 
per cubic metre of air 


100 


57. 


Manganese 


Total micrograms of manganese in free 
and combined form per cubic metre of 
air 


100 


58. 


Mercaptans 


Total micrograms of mercaptans per 
cubic metre of air expressed as methyl 
mercaptans 


20 


59. 


Mercury (alkyl) 


Total micrograms of alkyl mercury 
compounds per cubic metre of air 


1.5 


60. 


Mercury 


Total micrograms of mercury in free 
and combined form per cubic metre of 
air 


5.0 


61. 


Methyl Acrylate 


Micrograms of methyl acrylate per 
cubic metre of air 


4.0 


62. 


Methyl Alcohol 


Micrograms of methyl alcohol per cubic 
metre of air 


84,000 


63. 


Methyl Bromide 


Micrograms of methyl bromide per 
cubic metre of air 


12,000 


64. 


Methylene Chloride 


Micrograms of methylene chloride per 
cubic metre of air 


100,000 


65. 


Methyl Chloroform 
(1-1-1 Trichloroethane) 


Micrograms of methyl chloroform per 
cubic metre of air 


350,000 


66. 


Methyl Ethyl 
Ketone (2-Butanone) 


Micrograms of methyl ethyl ketone per 
cubic metre of air 


31,000 


67. 


Methyl Methacrylate 


Micrograms of methyl methacrylate 
per cubic metre of air 


860 


68. 


Milk Powder 


Micrograms of milk powder per cubic 
metre of air 


20 


69. 


Monomethyl Amine 


Micrograms of monomethyl amine per 
cubic metre of air 


25 


70. 


Nickel 


TotaJ micrograms of nickel in free and 
combined form per cubic metre of air 


5 


71. 


Nickel Carbonyl 


Micrograms of nickel carbonyl per 
cubic metre of air 


1.5 


72. 


Nitric Acid 


Micrograms of nitric acid per cubic 
metre of air 


100 



396 



ENVIRONMENTAL PROTECTION 



Reg. 308 



Item 


Column 1 


Column 2 


Column 3 


Name of Contaminant 


Unit of Concentration 


Concentration at Point 

of Impingement — Half 

Hour Average 


73. 


Nitrilotriacetic Acid 


Micrograms of Nitrilotriacetic Acid per 
cubic metre of air 


100 


74. 


Nitrogen Oxides 


Micrograms of nitrogen oxides per 
cubic metre of air expressed as NO, 


500 


75. 


Ozone 


Micrograms of ozone per cubic metre 
of air 


200 


76. 


Pentaborane 


Micrograms of pentaborane per cubic 
metre of air 


3.0 


77. 


Pentachlorophenol 


Micrograms of pentachlorophenol per 
cubic metre of air 


90 


78. 


Phenol 


Micrograms of phenol per cubic metre 
of air 


100 


79. 


Phosgene 


Micrograms of phosgene per cubic 
metre of air 


130 


80. 


Phosphoric Acids 


Micrograms of phosphoric acids per 
cubic metre of air expressed as PgOg 


100 


81. 


Phthalic Anhydride 


Micrograms of phthalic anhydride per 
cubic metre of air 


100 


82. 


Propylene Bichloride 


Micrograms of propylene dichloride per 
cubic metre of air 


2,400 


83. 


Propylene Oxide 


Micrograms of propylene oxide per 
cubic metre of air 


78,000 


84. 


Silver 


Total micrograms of silver in free and 
combined form per cubic metre of air 


3 


85. 


Styrene 


Micrograms of styrene per cubic metre 
of air 


400 


86. 


Sulphur Dioxide 


Micrograms of sulphur dioxide per cubic 
metre of air 


830 


87. 


Sulphuric Acid 


Micrograms of sulphuric acid per cubic 
metre of air 


100 


88. 


Suspended Particulate 

Matter (particulate less 
than 44 microns in size) 


Total micrograms of suspended particu- 
late matter per cubic metre of air 


100 


89. 


Tellurium (except 
hydrogen telluride) 


Micrograms of tellurium in free and 
combined form per cubic metre of air 


30 


90 


Tetrahydrofuran 


Micrograms of tetrahydrofuran per 
cubic metre of air 


93,000 


91. 


Tin 


Total micrograms of tin in free and com- 
bined form per cubic metre of air 


30 



Reg. 308 



ENVIRONMENTAL PROTECTION 



397 



Item 


Column 1 


Column 2 


Column 3 


Name of Contaminant 


Unit of Concentration 


Concentration at Point 

of Impingement — Half 

Hour Average 


92. 


Titanium 


Total micrograms of titanium in free 
and combined form per cubic metre of 
air 


100 


93. 


Toluene 


Micrograms of toluene per cubic metre 
of air 


2,000 


94. 


Toluene Di-isocyanate 


Micrograms of toluene di-isocyanate 
per cubic metre of air 


1.0 


95. 


Trichloroethylene 


Micrograms of trichloroethylene per 
cubic metre of air 


85,000 


96. 


Trifluorotrichloro Ethane 


Micrograms of trifluoro trichloroethane 
per cubic metre of air 


2.4 miUioA 


97. 


Vanadium 


Total micrograms of vanadium in free 
and combined form per cubic metre of 
air 


5.0 


98. 


Vinylidene chloride 
(1, 1 Dichloro Ethene) 


Micrograms of vinylidene chloride per 
cubic metre of air 


26,000 


99. 


Xylenes 


Micrograms of xylenes per cubic metre 
of air 


2,300 


100. 


Zinc 


Total micrograms of zinc in free and 
combined form per cubic metre of air 


100 



O. Reg. 873/74, s. 7, part; O. Reg. 271/77, s. 1. 



Reg. 309 



ENVIRONMENTAL PROTECTION 



399 



REGULATION 309 

under the Environmental Protection Act 



GENERAL— WASTE MANAGEMENT 

INTERPRETATION 

1. In this Regulation, 

1. "access road" means a road that leads from a 
public road to a waste disposal site; 

2. "agricultural waste" means waste, other than 
sewage, resulting from farm operations, 
including animal husbandn,' and where a 
farm operation is carried on in respect of food 
packing, food preserving, animal slaughter- 
ing or meat packing, includes the waste from 
such operations; 

3. "cell", in respect of a landfilling site, means a 
deposit of waste that has been sealed by 
cover material so that no waste deposited in 
the cell is exposed to the atmosphere; 

4. "composting" means the treatment of waste 
by aerobic decomposition of organic matter 
by bacterial action for the production of 
stabilized humus; 

5. "cover material" means soil or other materi- 
al approved for use in sealing cells in landfill- 
ing; 

6. "dead animal" means an animal that dies 
naturally or from disease or by reason of 
accident and includes parts thereof; 

7. "derelict motor vehicle" means a motor 
vehicle that, 

i. is inoperable, and 

ii. has no market value as a means of 
transportation, or, has a market 
value as a means of transportation 
that is less than the cost of re- 
pairs required to put it into operable 
condition; 

8. "dump" means a waste disposal site where 
waste is deposited without cover material 
being applied at regular intervals; 

9. "fly-ash" means particulate matter re- 
moved from combustion flue gases; 

10. "grinding" means the treatment of waste 
by uniformly reducing the waste to parti- 
cles of controlled maximum size ; 

11. "hauled Hquid and hazardous waste collec- 
tion system" means a waste management 



system or any part thereof for the collec- 
tion, handling, transportation, storage or 
processing of hauled liquid industrial waste 
or hazardous waste but does not include 
the disposal thereof ; 

12. "hauled liquid industrial waste" means 
liquid waste, other than hauled sewage, 
that results from industrial processes or 
manufacturing or commercial operations 
and that is transported in a tank or other 
container for treatment or disposal, and 
includes sewage residue from sewage works 
that are subject to the provisions of 
the Ontario Water Resources Act; 

13. "hauled sewage" means waste removed 
from, 

i. a cesspool, 

ii. a septic tank system, 
iii. a privy vault or privy pit, 
iv. a chemical toilet, 
V. a portable toilet, or 
vi. a sewage holding tank; 



14. "hazardous waste" means waste that re- 
quires special precautions in its storage, 
collection, transportation, treatment or 
disposal, to prevent damage to persons or 
property and includes explosive, flamma- 
ble, volatile, radioactive, toxic and patho- 
logical waste ; 

15. "incineration" means the treatment of 
waste by controlled burning, including 
measures for Hmiting air pollution, to 
reduce the volume of the waste and to 
leave it in a more stable form for dis- 
posal; 

16. "incinerator ash" means the ash residue, 
other than fly-ash, resulting from incinera- 
tion where the waste is reduced to ashes 
containing by weight less than 10 per cent 
of combustible materials ; 

17. "incinerator waste" means the residue 
from incineration, other than incinerator 
ash and fly-ash ; 



400 



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Reg. 309 



18. "inert fill" means earth or rock fill that 
contains no putrescible materials or soluble 
or decomposable chemical substances; 

19. "individual collection system" means the 
collection of his own domestic wastes by a 
householder and the transportation of such 
wastes to a waste disposal site by the 
householder ; 

20. "landfilling" means the disposal of waste 
by deposit, under controlled conditions, 
on land or on land covered by water, and 
includes compaction of the waste into a 
cell and covering the waste with cover 
materials at regular intervals ; 

21. "marine craft waste disposal system" 
means a waste disposal system operated by 
a person or a municipality for the receiving 
of waste from marine craft for deposit in 
holding tanks ; 

22. "municipal waste management system" 
means a waste management system, or any 
part thereof, of which a municipality is the 
owner ; 

23. "on-site garbage grinder" means a grinder, 

i. used for the treatment of waste that 
is subsequently discharged as sew- 
age, and 

ii. located in a building or structure 
used principally for functions other 
than waste management ; 

24. "on-site incinerator" means an incinerator 
that is located in a building or structure 
used principally for functions other than 
waste management ; 

25. "on-site road" means a road for the move- 
ment of vehicles and equipment within a 
waste disposal site ; 

26. "organic soil conditioning" means the incor- 
poration of processed organic waste in the 
soil to improve its characteristics for crop or 
ground cover growth; 

27. "packing and baling" means the treatment of 
waste by its compression into blocks or bales 
and binding or sheathing the blocks with 
wire, metal, plastic or other material; 

28. "private waste management system" means a 
waste management system, or any part 
thereof, of which a person other than a 
municipality is the owner; 



29. "processed organic waste" means waste that 
is predominantly organic in composition and 
has been treated by aerobic or anaerobic 
digestion, or other means of stabilization, 
and includes sewage residue from sewage 
works that are subject to the provisions of the 
Ontario Water Resources Act;. 

30. "scavenging" means the uncontrolled remov- 
al of reusable material from waste at a waste 
disposal site; 

31. "transfer station" means a waste disposal 
site used for the purpose of transferring 
waste from a collection vehicle to another 
carrier for transportation to another waste 
disposal site. R.R.O. 1970, Reg. 824, s. 1 ; 
O. Reg. 217/73, s. 1 ; O. Reg. 382/73, s. 1; 
O. Reg. 75/74, s. 1. 



DESIGNATION AND EXEMPTION OF WASTES 

2. The following are designated wastes : 

1. Agricultural wastes. 

2. Condemned animals or parts thereof at a 
plant licensed under the Meat Inspection Act 
(Ontario), or an establishment operating 
under the Meat Inspection Act (Canada). 

3. Dead animals. 

4. Derelict motor vehicles. 

5. Hauled liquid industrial waste. 

6. Hauled sewage. 

7. Hazardous waste. 

8. Incinerator waste. 

9. Inert fill. 

10. Processed organic waste. 

11. Rock fill or mill tailings from a mine. 
R.R.O. 1970, Reg. 824, s. 2; O. Reg. 217/73, 
s. 2; O. Reg. 382/73, s. 2. 

3. The following wastes are exempted from Part 
V of the Act and this Regulation : 

1. Agricultural wastes. 

2. Condemned animals or parts thereof at a 
plant licensed under the Meat Inspection Act 
(Ontario) or an establishment operating 
under the Meat Inspection Act (Canada). 



Reg. 309 



ENVIRONMENTAL PROTECTION 



401 



3. Dead animals to which the Dead Animal 
Disposal Act applies. 

4. Hauled sewage. 

5. Inert fill. 

6. Rock fill or mill tailings from a mine. 
O. Reg. 75/74. s. 2. 

CLASSIFICATION AND EXEMPTION 
OF WASTE DISPOSAL SITES 

4. Waste disposal sites are classified as follows: 

1. Composting sites. 

2. Derelict motor vehicle sites. 

3. Dumps. 

4. Grinding sites. 

5. Incineration sites. 

6. Landfilling sites. 

7. On-site incinerators. 

8. On-site garbage grinders. 

9. Organic soil conditioning sites. 

10. Packing and baling sites. 

11. Transfer stations. R.R.O. 1970, Reg. 824, 
s. 4; O. Reg. 217/73, s. 3; O. Reg. 382/73, 
s. 4. 

5. The following waste disposal sites are exempted 
from Part V of the Act and this Regulation : 

1. On-site incinerators. 

2. On-site garbage grinders. 

3. Derelict motor vehicle sites. O. Reg. 75/74. 
s. 3; O. Reg. 724/79. s. 1. 

CLASSIFICATION AND EXEMPTION 
OF WASTE MANAGEMENT SYSTEMS 

6. Waste management systems are classified as 
follows : 

1. Municipal waste management systems. 

2. Private waste management systems. 

3. Individual collection systems. 

4. Hauled liquid and hazardous waste collec- 
tion systems. 



5. Marine craft waste disposal systems. 

6. Organic waste management systems. 
R.R.O. 1970, Reg. 824, s. 6; O. Reg. 217/73, 
s. 4. 

7. The following waste management systems are 
exempted from Part V of the Act and this Regulation : 

1. Individual collection systems. 

2. Marine craft waste disposal systems. O.Reg. 

75/74, s. 4. 



STANDARDS FOR WASTE DISPOSAL SITES 

8. The following are prescribed as standards for the 
location, maintenance and operation of a land-filling 
site: 

1. Access roads and on-site roads shall be 
provided so that vehicles hauling waste 
to and on the site may travel readily on 
any day under all normal weather con- 
ditions. 

2. Access to the site shall be limited to such 
times as an attendant is on duty and the 
site shall be restricted to use by persons 
authorized to deposit waste in the fill 
area. 

3. Drainage passing over or through the site 
shall not adversely affect adjoining proper- 
ty and natural drainage shall not be ob- 
structed. 

4. Drainage that may cause pollution shall 
not, without adequate treatment, be dis- 
charged into watercourses. 

5. Waste shall be placed sufficiently above 
or isolated from the maximum water table 
at the site in such manner that im- 
pairment of groundwater in aquifers is 
prevented and sufficiently distant from 
sources of potable water supplies so as to 
prevent contamination of the water, unless 
adequate provision is made for the collec- 
tion and treatment of leachate. 

6. Where necessary to isolate a landfilling 
site and effectively prevent the egress of 
contaminants, adequate measures to pre- 
vent water pollution shall be taken by the 
construction of berms and dykes of low 
permeabihty. 

7. Where there is a possibility of water pol- 
lution resulting from the operation of a 
landfilling site, samples shall be taken and 
tests made by the owner of the site to 
measure the extent of egress of contamin- 
ants and, if necessary, measures shall be 



402 



ENVIRONMENTAL PROTECTION 



Reg. 309 



taken for the collection and treatment of 
contaminants and for the prevention of 
water pollution. 

8. The site shall be located a reasonable dis- 
tance from any cemetery. 

9. Adequate and proper equipment shall be 
provided for the compaction of waste into 
cells and the covering of the cells with 
cover material. 

10. Where climatic conditions may prevent the 
use of the site at all times, provisions shall 
be made for another waste disposal site 
which can be used during such periods. 

11. Where required for accurate determination 
of input of all wastes by weight, scales 
shall be provided at the site or shall be 
readily available for use. 

12. All waste disposal operations at the site 
shall be adequately and continually sup